STATE v. TOTH


566 P.2d 1218 (1977)

30 Or.App. 285

STATE of Oregon, Respondent, v. George Marvin TOTH, Appellant.

Court of Appeals of Oregon.

Decided August 1, 1977.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.


THORNTON, Judge.

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...

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