The defendant did not testify and the only testimony as to what occurred at the time of the alleged larceny came from the complaining witness, one William Leicher. It appears that at about 4 o'clock on the morning of June 4, 1954 Leicher was awakened from a drunken slumber on a park bench in the City of Troy by the defendant, whom he had never seen before, and taken to the defendant's home where he was allowed to sleep until morning. Upon being again awakened he and the defendant...
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