v3243-241

Document Title Page

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


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