Opinion
No. 5650.
Opinion delivered October 25, 1971
CRIMINAL LAW — POSTCONVICTION RELIEF — FAILURE TO SHOW PREJUDICE. — Asserted denial of a fair trial because prosecutor threatened State's witness with perjury if she did not tell the truth held without merit where prejudice could not have resulted from State's witness telling the truth on the witness stand.
Appeal from Mississippi Circuit Court, A. S. "Todd" Harrison, Judge; affirmed.
Dana Davis, for appellant.
Ray Thornton, Attorney General, for appellee.
The only point raised in this appeal from the trial court's denial of appellant Rudolph Cunningham's post conviction relief is the assertion that he was denied a, fair trial because the deputy prosecuting attorney threatened one of the State's witnesses with perjury if she did not tell the truth. The witness, a relative of petitioner, testified that though the threat was made, she only told the truth and nothing but the truth.
We find no merit in the contention.
Affirmed.
FOGLEMAN, J., not participating.