Larry N. Howard v. Carl G. Hocker, Warden

Appellant, a State court prisoner, appeals from an order of the United States District Court denying appellant’s petition for habeas corpus after an evidenti-ary hearing. This Court has jurisdiction under Title 28, United States Code, Section 2253 .

Appellant was convicted in the Nevada State court of attempted robbery. Among the witnesses against him at his trial was one Robert William Polidoro (hereinafter Polidoro). His present imprisonment results from such conviction.

As grounds for relief in the court below he asserted that Polidoro testified falsely at the State trial and that the prosecutor at such trial knew of the falsity of Polidoro’s testimony but failed to correct it.

On appeal appellant contends: (a) the District Court erroneously found that Assistant District Attorney Berry (hereinafter the District Attorney) who prosecuted appellant in the State case had not promised Polidoro anything as a condition or inducement of the latter’s statement of January 19, 1966, or testimony, and that therefore the answers given by Polidoro at appellant’s criminal trial concerning the possibility of an offer of consideration were not false and consequently not known to be false to…