This motion appears to be a novel one of apparent first impression.
In October, 1959, the Grand Jury of Oneida County presented an indictment accusing the defendant of grand larceny on the ground that having in his possession as secretary-treasurer of Local No. 2 M. E. S. A.-C. I. O., he appropriated to his own use funds owned by said Local No. 2, M. E. S. A.-C. I. O. the following amounts on the following dates:
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