
    Argued July 28,
    affirmed July 28, 1972
    ALBERT GEORGE MARIO, Appellant, v. CUPP, Respondent.
    
    (No. 72733)
    498 P2d 825
    
      Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      John W. Osburn, Solicitor General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and Robert L. Misner, Assistant Attorney General, Salem.
    Before Schwab, Chief Judge, and Poet and Thornton, Judges.
   Aeeirmed erom the bench.  