Opinion
Argued May 19, 1964
Affirmed May 27, 1964 Petition for rehearing denied June 23, 1964
Appeal from Circuit Court, Multnomah County.
VIRGIL LANGTRY, Judge.
AFFIRMED.
Benhardt E. Schmidt, Portland, argued the cause and filed a brief for appellant.
George Van Hoomissen, District Attorney, and Charles J. Merten, Deputy District Attorney, Portland, filed a brief for respondent.
Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN and DENECKE, Justices.
The sole issue here is identical to that decided in State v. Hoffman, 236 Or. 98, 385 P.2d 741 (1963), and State v. Ellis, 238 Or. 104, 392 P.2d 647.
Affirmed.