
    Argued February 2,
    affirmed February 2,
    petition for rehearing denied February 22, petition for review denied March 30, 1973
    STATE OF OREGON, Respondent, v. RANDALL KEVIN PHILLIPS (No. 38501), Appellant.
    
    505 P2d 358
    
      J. Marvin Kuhn, Deputy Public Defender, Salem, argued' the cause for appellant. With bim on the brief was Gary D. Babcock, Public Defender, Salem.
    
      Brian R. Barnes, Deputy District Attorney, Rose-burg, argued the cause for respondent. With him on the brief was Doyle L. Schiffman, District Attorney, Roseburg.
    Before Schwab, Chief Judge, and Langtry and Fort, Judges.
     