Opinion
Argued June 21, 1971
Affirmed June 21, 1971 Petition for rehearing denied July 27, 1971 Petition for review denied October 5, 1971
Appeal from Circuit Court, Umatilla County.
HENRY KAYE, Judge.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
G. Eric Lonnquist, Special Assistant Attorney General, Salem, argued the cause for respondent. With him 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.