MERRILL, Justice.
Petitioner asserts that "The Court of Appeals erroneously took the position, through inferences drawn from the transcript of the evidence and proceedings had on the motion for new trial, that state's witness E. A. Walton did, in fact, refresh his memory from materials which he had in his possession while testifying on the witness stand when it affirmatively appears by the transcript of the evidence appearing in the record submitted to the Court of...
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