
    Argued June 26,
    reversed July 3,
    petition for rehearing denied August 8,
    petition for review denied September 19,1972
    STATE OF OREGON, Appellant, v. PAUL DENVER CROSS, Respondent.
    
    (No. C-71-01-0094 Cr)
    498 P2d 387
    
      Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
    
      N. Robert Stoll, Portland, argued the cause for respondent. With him on the brief were Carey & Stoll, Portland.
    Before Schwab, Chief Judge, and Poet and Thornton, Judges.
   PEE CUBIAM.

This is a companion ease to State v. Devine, 9 Or App 424, 496 P2d 51, Sup Ct review denied (1972), decided subsequent to the trial of this case. The facts and the issues are identical.

Beversed.  