v3243-199

of witness Vent Rae Boley end the hearing on notion

for new trial, wherein he was examined and cross-

examined clearly established that the only incorrect

testimony he gave at the trial was as to the exact date

he last used narcotics. This testimony had no bearing

on the principal questions regarding the sale of

marihuana by appellant to Namon Vitcher.

III.

There can be no accumulation of errors,

since the trial judge acted properly and the only in-

correct testimony given by Boley was on a purely

immaterial matter which had absolutely no bearing on

the guilt or innocence of appellant.

ARGUMENT

THE COMflJHICATIOMS BETWEEN THE JURY

AND THE TRIAL JUPCE DID NOT CONSTITUTE

PREJUDICIAL REVERSIBLE ERROR

Edward Von Tobel, the foreman of the jury,

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