
    Argued June 26,
    affirmed June 26, 1972
    STATE OF OREGON, Respondent, v. DICK LEE MABERRY, Appellant.
    
    (No. 71 4400)
    497 P2d 1213
    
      J. Marvin Kuhn, 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 Fort and Thornton, Judges.
   Affirmed from the bench.  