v3243-251

39 of appellant's opening brief, appellant list* several

items which he states are prejudicial errors.

The first of these alleged errors is

"tainted or perjured testimony."

The only evidence he has to support this

point is the admitted declaration of Vern Rae Boley that

the date he testified he last used narcotics was untrue,

that it was on another, later date. This testimony is

immaterial and irrelevant to the question of the sale

of marihuana by Sampson to Witcher. This testimony has

been clearly proved by Witcher, Headley, Boley and

statements evidenced by Sampson at the hearing on motion

for new trial.

He next lists: "Instructions to the

jury outside of the presence of defendant or his counsel."

No Instructions were given to the jury

by the trial judge. He merely sent word to be governed

by the instructions already given. The latter were all

given in the presence of appellant and counsel in open

court .

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archive.org Volume Name: govuscourtsca9briefs3243

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