
    Argued August 24,
    affirmed August 24,
    petition for rehearing denied September 26,
    petition for review denied December 11, 1973
    STATE OF OREGON, Respondent, v. STANLEY WALTER SMITH, Appellant.
    
    (No. C 71-05-1529 Cr)
    513 P2d 173
    
      Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osbum, Solicitor General, Salem.
    Before Langtry, Presiding Judge, and Port and Thornton, Judges.
   Aeexrmed erom the bench.  