NAPUE V. ILLINOIS
360 U.S. 264 (1959)
NATURE OF THE CASE: This was an appeal from murder conviction.
FACTS: Napue (D), Hamer, Poe and Townsend entered a cocktail lounge and announced their
intentions to rob it. An off duty policeman was present and drew his revolver and began to
fire at the men. Townsend was killed and the officer was fatally wounded. The perpetrators
were eventually arrested, Hamer pled guilty, and he was sentenced to 199 years. Poe was then
apprehended and tried, convicted, sentenced to death and executed. Thereafter, D was finally
arrested. Hamer was called as a witness and because of the passage of time; his testimony
was material and crucial to the conviction of D. After the conviction of D, Hamer filed a
writ of error coram nobis based on the fact that Hamer testified at trial with a promise
from the DA for a reduction of sentence. D found out about the writ and then appealed on the
facts that Hamer lied under oath when Hamer stated he had received no promise of
consideration in return for his testimony. The jury was apprised that the public defender
would do what he could for Hamer. The Illinois Supreme Court affirmed the conviction on
other grounds.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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