v3243-241
II.
THE RECANTATION REPUDIATION STATEMENTS
OF WITNESS VERN RAE BOLEY AND THE HEARING ON
MOTION 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 NARCOTIC S
THIS TESTIMONY HAD NO BEARING ON THE PRIN CIPAL
QUESTIONS REGARDING THE SALE OF MARIHUANA BY
APPELLANT TO NAMON WITCHER .
Vern Rae Boley, who testified for the
government at the trial herein held December 27, 28
and 29, 1961, on the hearing on the motion for new trial,
held December 3, 1962, testified inter alia (Tr. 67 -68)
that around November 5, 1962, he was arrested for parole
violation by California Youth Authority; that appellant
herein was in the Clark County Jail at the same time
Boley was arrested; that through the assistance of one
Roy Parrish, Boley and Sampson were brought together
for a private conference in the jail; that Sampson calked
archive.org Volume Name: govuscourtsca9briefs3243
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