Defendant, having been convicted of murder upon trial by jury, contends on appeal that his trial counsel was incompetent. This issue, except in rare instances, is one which can be properly resolved only in a post-conviction proceeding in which evidence can be taken. See, Turner v. Cupp, 1 Or App 596, 465 P2d 249 (1970). This is not one of those rare instances.

Affirmed.