
    Argued December 20,
    affirmed December 20, 1972
    STATE OF OREGON, Respondent, v. GERALD LEE AUSTIN, Appellant.
    
    (No. C 72-06-1925 Cr)
    503 P2d 1258
    
      Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
    
      John H. Clough, 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 Fort and Thornton, Judges.
   Aeeirmed prom the bench.  