
    Argued October 28,
    affirmed November 5,
    petition for rehearing denied December 27, 1971 and former opinion withdrawn, reversed and remanded
    STATE OF OREGON, Respondent, v. JAMES R. KAY, Appellant.
    
    489 P2d 1152
    490 P2d 1262
    
      Howard R. Lonergan, Portland, argued the cause for appellant. With him on the brief was Jack R. Hannam, Portland.
    
      Joseph F. Ceniceros, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
    Before Schwab, Chief Judge, and Foley and Thornton, Judges.
    On appellant’s petition for rehearing filed November 22, 1971.
    Former opinion filed November 5, 1971, 7 Or App 462,489 P2d 1152.
   PER CURIAM.

Affirmed. State v. Martinka, 2 Or App 499, 468 P2d 903 (1970); State v. Roisland, 1 Or App 68, 459 P2d 555 (1969).

ON PETITION FOR REHEARING

Jack R. Hannam, Portland, for the petition.

Lee Johnson, Attorney General, and Joseph F. Ceniceros, Assistant Attorney General, Salem, for respondent.

Before Schwab, Chief Judge, and Fohey and Thornton, Judges.

Petition for rehearing denied. Former opinion withdrawn. Reversed and remanded. State v. Michael Webb Smith, 260 Or 349, 490 P2d 1262 (1971).

PER CURIAM.  