
    Argued May 19,
    affirmed May 27,
    petition for rehearing denied June 23,1964
    STATE OF OREGON v. GRIFFIN
    392 P. 2d 642
    
      Benhardt E. Schmidt, Portland, argued the cause and filed a brief for appellant.
    George Van Hoomissen, District Attorney, and Charles J. Merten, Deputy District Attorney, Portland, filed a brief for respondent.
    Before McAllister, Chief Justice, and Perry, Sloan, Goodwin and Denecke, Justices.
   PER CURIAM.

The sole issue here is identical to that decided in State v. Hoffman, 236 Or 98, 385 P2d 741 (1963), and State v. Ellis, 238 Or 104, 392 P2d 647.

Affirmed.  