
    Argued July 21,
    affirmed July 21,
    petition for rehearing denied August 24, petition for review denied October 5, 1971
    STATE OF OREGON, Respondent, v. ERNEST E. POTTER, Appellant.
    
    487 P2d 112
    
      Ken G. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      Walter L. Barrie, Assistant Attorney General, Salem, argued the cause for respondent. With bfm on the 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.  