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UNITED STATES v. HOLLADAY

No. 77-5189 Summary Calendar.

566 F.2d 1018 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Wade HOLLADAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 30, 1978.

Attorney(s) appearing for the Case

Alvin M. Binder, Jackson, Miss., for defendant-appellant.

H. M. Ray, U. S. Atty., John R. Hailman, Alfred E. Moreton, III, Asst. U. S. Attys., Oxford, Miss., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

PER CURIAM:

A prosecution witness who had testified differently in the past was introduced by the prosecution. It was not improper for the prosecution to offer this testimony. Presentation of a witness who recants or contradicts his prior testimony is not to be confused with eliciting perjury. It was for the jury to decide whether or not to credit the witness. There is no evidence that the prosecution knew or believed the trial testimony to be untrue; hence, the conviction...

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