The opinion of the court was delivered by FRANCIS, J.
Defendant, Robert R. Daly, a member of the bar of this State, was convicted of embezzlement in the Somerset County Court following a non-jury trial. We certified for determination in this court his ensuing appeal to the Appellate Division.
The indictment charged that "on the 21st day of December, 1959 and on divers days and dates subsequent thereto, * * * [Daly] being the agent and bailee of Komline-Sanderson...
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