
    Argued May 8,
    affirmed May 14, 1973
    STATE OF OREGON, Respondent, v. DONALD HAROLD WHITMAN, Appellant.
    
    (C-72-08-2389)
    509 P2d 547
    
      Gary D. Babcock, Public Defender, Salem, argued the canse and filed the brief for appellant.
    
      Thomas H. Denney, Assistant Attorney General, Salem, argned the canse for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osbnrn, Solicitor General, Salem.
    Before Schwab, Chief Jndge, and Langtry and Thornton, Judges.
   PER CURIAM.

Aeeirmed. State v. Emfinger, 6 Or App 328, 487 P2d 1393 (1971).  