
    Argued February 27,
    affirmed February 27,
    petition for rehearing denied March 22, petition for review allowed May 30, 1973 See later issue of Oregon Reports
    STATE OF OREGON, Respondent, v. JEFFREY EDWARD FITZGERALD (No. 28922), Appellant.
    
    506 P2d 733
    
      John K. Iloover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      Thomas U. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osbnrn, Solicitor General, Salem.
    Before Schwab, Chief Judge, and Langtry and Thornton, Judges.
     