
    Argued July 27,
    affirmed July 27,
    petition for rehearing denied August 23,
    petition for review denied October 17, .1972
    STATE OF OREGON, Respondent, v. DONALD JOHN MILLER, Appellant.
    
    (No. 71-2857, No. 71-2858, consol.)
    498 P2d 835
    
      Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was. Gary D. Babcock, Public Defender, Salem.
    
      Thomas II. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W.. Osburn, Solicitor General, Salem.
    Before Schwab, Chief Judge, and Langtry and Fort, Judges.
   Aeelrmed erom the bench.  