Opinion
No. C 73-12-3761 Cr
Argued July 15, 1974
Affirmed July 22, 1974 Reconsideration denied August 22, 1974 Petition for review denied September 24, 1974
Appeal from Circuit Court, Multnomah County.
ROBERT E. JONES, Judge.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
Jim G. Russell, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Before SCHWAB, Chief Judge, and LANGTRY and TANZER, Judges.
AFFIRMED. Hale v. Smith, 254 Or. 300, 460 P.2d 351 (1969); State v. Patrick, 17 Or. App. 291, 521 P.2d 1311, Sup Ct review denied (1974); State v. Derryberry, 17 Or. App. 262, 521 P.2d 1065, Sup Ct review allowed (1974).