Napue v. Illinois - Supreme Court of the United States

Napue v. Illinois

By Supreme Court of the United States

  • Release Date: 1959-06-15
  • Genre: Law

Description

At the murder trial of petitioner the principal state witness, then serving a 199-year sentence for the same murder, testified in response to a question by the Assistant States Attorney that he had received no promise of consideration in return for his testimony. The Assistant States Attorney had in fact promised him consideration, but did nothing to correct the witness false testimony. The jury was apprised, however, that a public defender had promised "to do what he could" for the witness. The question presented is whether on these facts the failure of the prosecutor to correct the testimony of the witness which he knew to be false denied petitioner due process of law in violation of the Fourteenth Amendment to the Constitution of the United States.