
    Argued November 29,
    affirmed November 29, 1971,
    petition for rehearing denied January 4,
    petition for review denied February 8, 1972
    ROGER SCOTT ALLEN, Appellant, v. CUPP, Respondent.
    
    (No. 72181)
    490 P2d 1285
    
      Gary D. Babcock, Public Defender, Salem, argued tbe cause and filed the brief for appellant.
    
      Jim G. Russell, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, John W. Osburn, Solicitor General, and Eobert L. Misner, Assistant Attorney General, Salem.
    Before Schwab, Chief Judge, and Foley and Fort, Judges.
   Affirmed from the bench.  