BARBER v. STATE

No. 71-440.

257 So.2d 581 (1971)

James Calvin BARBER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 29, 1972.


Attorney(s) appearing for the Case

E.D. Cossaboom, Jr., of Hedman & Lawrence, Melbourne, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


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 extra-judicial 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...

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