Opinion
No. C 72-05-1596 Cr
Argued February 28, 1973
Affirmed February 28, 1973 Petition for rehearing denied March 22, 1973 Petition for review denied May 22, 1973
Appeal from Circuit Court, Multnomah County.
JAMES R. ELLIS, Judge.
J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary A. Babcock, Public Defender, Salem.
John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Before SCHWAB, Chief Judge, and FOLEY and THORNTON, Judges.
AFFIRMED FROM THE BENCH.