Napue v. Illinois

360 U.S. 264 (1959)

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Nature of the Case

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Facts

Napue (D), Hamer, Poe, and Townsend entered a cocktail lounge and announced their intentions to rob it. An off-duty policeman was present and drew his revolver and began to fire at the men. Townsend was killed, and the officer was fatally wounded. The perpetrators were eventually arrested, Hamer pled guilty, and he was sentenced to 199 years. Poe was then apprehended and tried, convicted, sentenced to death and executed. Thereafter, D was finally arrested. Hamer was called as a witness and because of the passage of time; his testimony was material and crucial to the conviction of D. After the conviction of D, Hamer filed a writ of error coram nobis based on the fact that Hamer testified at trial with a promise from the DA for a reduction of sentence. D found out about the writ and then appealed on the facts that Hamer lied under oath when Hamer stated he had received no promise of consideration in return for his testimony. The jury was apprised that the public defender would do what he could for Hamer. The Illinois Supreme Court affirmed the conviction on other grounds.