State v. Toth

*287THORNTON, J.

Defendant appeals his conviction for theft in the first degree, ORS 164.055, assigning as error the denial of his motion to dismiss for lack of speedy trial and the denial of a motion for new trial based on newly discovered evidence.

Defendant was convicted for burning his own automobile in order to collect the insurance proceeds. The last act alleged in the indictment occurred January 27, 1976, and the indictment is dated June 4, 1976, a preindictment delay of just over four months. Defendant was tried and convicted September 28, 1976.

At the hearing on the motion for lack of…