George William Huffman v. Dr. George J. Beto, Director, Texas Department of Corrections

COLEMAN, Circuit Judge:

On April 30, 1959, the Supreme Court decided Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217.

Napue had been convicted of murder. The principal witness for the state, a previously convicted accomplice, testified in response to a question by the Assistant State’s Attorney that he had received no promise of consideration in return for his testimony. In fact, the Assistant State’s Attorney had made such a promise, but did nothing to correct the false testimony.

It was held that the failure of the prosecutor to correct the testimony of the witness which he knew…