Chatterton v. State

Quillian, Justice.

In special ground 1 of the motion for new trial the movant contends he was convicted upon perjured testimony of a named witness. He recognizes that the witness has not been convicted of perjury and that this court has held: “Even though a conviction for crime, procured by perjured evidence and known to be such by the State’s prosecuting attorneys, amounts to a denial of due process of law required by the State and Federal Constitutions, yet the Code, § 110-706, which authorizes a new trial when a conviction is based upon perjury and requires that proof of such perjury be…