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noted that after vigorous cross examination, Boley's

trial testimony was reaffirmed with force and sincerity.

It was admitted however, by him, that the date he

testified to as the last date he had used narcotics was

incorrect, and such testimony was corrected by him.

This testimony was not material to the facts surrounding

the sale of marihuana by appellant.

The trial judge in his ojinion denying

the motion for new trial very clearly and eloquently

states: (R. 149-150):

"I find from the evidence produced at

the hearing that the reason for Boley's recanta-

tion (October 9 and 10, 1962), of his trial

testimony incriminating the defendant was not

because of remorse or fear for having falsely

testified as to material and essential materials

at the trial, but because of events occurring eight

and ten months after the defendant's conviction,

such as Boley's arrest for parole violation and

imminent imprisonment and being confronted by

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