
    Argued April 21,
    affirmed April 21,
    petition for rehearing denied May 16, 1972
    STATE OF OREGON, Respondent, v. JAMES RAY SHELL, Appellant.
    
    (No. 20212)
    495 P2d 765
    
      J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      John L. Snyder, District Attorney, Dallas, argued the cause and filed the brief for respondent.
    Before Schwab, Chief Judge, and Langtry and Thornton, Judges.
     