
    Argued March 15,
    reversed and remanded March 15, 1971
    STATE OF OREGON, Appellant, v. BERNARD JOHNSON, Respondent.
    
    482 P2d 192
    
      Thomas TL. Denney, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and Jacob B. Tanzer, Solicitor General, Salem.
    
      Ronald E. Hergert, Oregon City, argued the cause for respondent. With him on the brief were Hibbard, Jacobs, Caldwell & Canning, Oregon City.
    Before Schwab, Chief Judge, and Foley and Thornton, Judges.
   MEMORANDUM DECISION.

ORS 135.630.  