v3243-249

and the authority cited by him in support of his

decision.

There are many other decisions

supporting the view taken by Judge East.

Since appellant has very kindly in-

cluded appellee's trial brief in opposition to his

motion for new trial in the record herein (R. p. 117-

127) , we refer to that brief for a list of such

additional authorities.

Appellant did not deny Boley's testi-

mony at his trial hearing. It therefore stands un-

controverted.

III.

THERE CAN BE NO ACCUMULATION OF

FRRORS, SINCE THE TRIAL JUDGE ACTED PROPERLY

AWT) THE ONLY INCORRECT TESTIMON Y GIVEN BY BOLEY

WAS ON A PURELY IMMATERIAL MATTER WHICH HAD

ABSOLUTELY NO BEARING ON F cnTLT OR INNOCENCE

OF APPELLANT .

Under subdivision IV, beginning at page

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