Gilliard v. State

Milton Gilliard appeals an order denying his petition for post conviction relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The petition alleged, inter alia, that the defendant was convicted by perjured testimony. Other allegations pertain to questions which are not proper subjects for Rule 1 relief.

In Brown v. State, Fla.App.1964, 163 So.2d 335, the Third District Court of Appeal held that a defendant is entitled to a hearing on a petition which alleged “use of perjured testimony while the same was known by the State to be such * * In the instant case, the…