
    Argued June 21,
    affirmed June 21,
    petition for rehearing denied July 27, petition for review denied October 5, 1971
    STATE OF OREGON, Respondent, v. MICHAEL NEWBERRY, Appellant.
    
    485 P2d 1232
    
      Gary D. Babcock, Public Defender, Salem, argued tbe cause and filed tbe brief for appellant.
    
      G. Eric Lonnguist, Special Assistant Attorney General, Salem, argued the cause for respondent. With him on tbe brief were Lee Johnson, Attorney General, and Jacob B. Tanzer, Solicitor General, Salem.
    Before Schwab, Chief Judge, and Foley and Thornton, Judges.
   Affirmed from the bench.  