The PEOPLE v. McKinney

The principal question presented in this case, wherein we have consolidated appeals from a judgment of conviction and an order denying post-conviction relief, is whether the prosecution knowingly permitted the use of perjured testimony to secure the conviction of defendant, Elviston McKinney, for the crime of armed robbery. If the charge be true, it is incontrovertible that defendant’s trial lacked the fundamental fairness implicit in constitutional guarantees of due process of law, thus entitling him to a new trial. Napue v. Illinois, 360 U.S. 264, 3 L. ed. 2d 1217; People v. Lueck, 24…