Adams v. Murphy

GEE, Circuit Judge:

Like the Wonderful Tar Baby, this habeas case possesses amazing adhesive qualities; no sooner is one set of issues settled than another arises. Its facts and lengthy procedural history are set out in our earlier certification opinion, reported at 598 F.2d 982 (5th Cir. 1979). We need repeat only a little of this here.

Petitioner Adams was charged with testifying falsely to a Florida grand jury. At the close of evidence in his state trial, defense requested a charge on “attempted perjury” as a lesser-included offense.1 Though expressing doubt that such a crime existed, the…