Barber v. State

OWEN, Judge.

Appellant filed a motion to vacate judgment and sentence, alleging as the basis thereof that his conviction was supported solely by the testimony of two witnesses, each of whom had made post-trial extrajudicial statements admitting that their trial testimony was not true. The appeal is from the order denying the motion.

Initially, it should be noted that while the motion alleged the use of perjured testimony, it failed to allege that the prosecutor knew the testimony was perjured at the time it was presented in court. While this omission would have justified the trial court in…