Jones v. State

ON MOTION FOR REHEARING OR CLARIFICATION

Appellant contends that this court overlooked or misapprehended the conflict between this case and Brannen v. State, 94 Fla. 656, 114 So. 429 (1927), as well as the conflict between Brannen, supra, and State v. Carter, 364 So.2d 1249 (Fla. 4th DCA 1978), cert. granted, Case No. 56,084 (Fla. 1979).

Under Brannen, supra, a person who testifies falsely may purge himself of perjury if he recants and testifies truthfully before the case is submitted to the jury. This is the minority position and is based on the belief that the inducement to tell the *1093truth…