
    Argued June 21,
    affirmed June 21, 1973
    STATE OF OREGON, Respondent, v. ROBERT RAY ELLIOTT, Appellant.
    
    (No. 73-46-C)
    510 P2d 1351
    
      John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      Robert M. Burrows, District Attorney, Grants Pass, argued the cause for respondent. With him on the brief was Robert F. Webber, Deputy District Attorney, Grants Pass.
    Before Schwab, Chief Judge, and Foley and Thornton, Judges.
     