Mr. Justice Stewart
delivered the opinion of the Court.
On November 26, 1955, in Canton, Illinois, an eight-year-old girl died as the result of a brutal sexual attack. The petitioner was charged with her murder.
Prior to his trial in an Illinois court, his counsel filed a motion for an order permitting a scientific inspection of the physical evidence the prosecution intended to introduce. The motion was resisted by the prosecution and denied by the court. The jury trial ended in a verdict of guilty and a sentence of death, On appear the judgment was affirmed by the Supreme Court of Illinois. On the basis of leads, developed at a subsequent unsuccessful state clemency hearing, the petitioner applied to a federal district court for a writ of habeas corpus. After a hearing, the court granted the writ and ordered the petitioner’s release or prompt retrial. The Court of Appeals reversed, and we granted certiorari to consider whether the trial that led to the petitioner’s conviction was constitutionally valid. We have concluded that it was not.
There were no eyewitnesses to the brutal crime which the petitioner was charged with perpetrating. A vital component of the case against him was a pair of men’s underwear shorts covered with large, dark, reddish-brown stains — People’s Exhibit 3 in the trial record. These shorts had been found by a Canton policeman in a place known as the Van Burén Flats three days after the murder. The Van Burén Flats were about a mile from the scene of the crime. It was the prosecution’s theory that the petitioner had been wearing these shorts when he committed the murder, and that he had afterwards removed and discarded them at the Van Burén Flats.
During the presentation of the prosecution’s case, People’s Exhibit 3 was variously described by witnesses in such terms as the “bloody shorts” and “a pair of jockey shorts stained with blood.” Early in the trial the victim’s mother testified that her daughter “had type ‘A’ positive blood.” Evidence was later introduced to show that the petitioner’s blood “was of group ‘O.’ ”
Against this background the jury heard the testimony of a chemist for the State Bureau of Crime Identification. The prosecution established his qualifications as an expert, whose “duties include blood identification, grouping and typing both dry. and fresh stains,” and who had “made approximately one thousand blood typing analyses while at the State Bureau.” His crucial testimony was as follows:
“I examined and tested ‘People’s Exhibit 3’ to determine the nature of the staining material upon it, The result, of the first test was that this material upon the shorts is blood. I made a second examination which disclosed 'that the blood is of human origin. I made a further examination which disclosed that the blood is of group ‘A.’ ”
The petitioner, testifying in his own behalf, denied that he had ever owned or worn the shorts in evidence as People’s Exhibit 3. He himself referred to the shorts as having “dried blood on them.”
In argument to the jury the prosecutor made the most of People’s Exhibit 3:
“Those shorts were found in the Van Burén Flats, with blood. What type blood? Not ‘O’ blood as the defendant has, but ‘A’ — type ‘A.’ ”
And later in his argument he said to the jury:
“And, if you will recall, it has never been contradicted the blood type of Janice May was blood type ‘A’ positive. Blood type ‘A.’ Blood type ‘A’ on these shorts. It wasn’t ‘O’ type as the defendant has. It is ‘A’ type, what the little girl had.”
Such was the state of the evidence with respect to People’s Exhibit 3 as the case went to the jury. And such was the state of the record as the judgment of conviction was reviewed by ,the Supreme Court of Illinois. The “blood stained shorts” clearly played a vital part in the case for the prosecution. They were an' important linE in the chain of circumstantial evidence against the petitioner, and, in the context of the revolting crime with which he was charged, their gruesomely emotional impact upon the jury was incalculable.
So matters stood with respect to People’s Exhibit 3, until the present habeas corpus proceeding in the Federal District Court. In this proceeding the State was ordered to produce the stained shorts, and they were admitted in evidence. It was established that their appearance was the same as when they had been introduced at the trial as People’s Exhibit 3. The petitioner was permitted to have the shorts examined by a chemical micro-analyst. What the microanalyst found cast an extraordinary new light on People’s Exhibit 3. The reddish-brown stains on the shorts were not blood, but paint.
The witness said that he had tested threads from each of the 10 reddish-brown stained areas on the shorts, and that he had found that all of them were encrusted with mineral pigments “. . . which one commonly uses in the preparation of paints.” He found “no traces of human blood.” The State did not dispute this testimony, its counsel contenting himself with prevailing upon the witness to concede on cross-examination that he could not swear that there had never been any blood on the shorts.
It was further established that counsel for the prosecution had known at the time of the trial that the shorts were stained with paint. The prosecutor even admitted that the Canton police had prepared a memorandum attempting to explain “how this exhibit contains all the paint on it.”
In argument at the close of the habeas corpus hearing, counsel for the State contended that “[ejverybody” at the trial had known that the shorts were stained with paint. That contention is totally belied by the record. The microanalyst correctly described the appearance of the shorts when he said, “I assumed I was dealing . . . with a pair of shorts which was heavily stained with blood. ... [I] t would appear to a layman . . . that what I see before me is a garment heavily stained with blood.” The record of the petitioner’s trial reflects the prosecution’s consistent and repeated misrepresentation that People’s Exhibit 3 was, indeed, “a garment heavily stained with blood.’’. The prosecution’s whole theory with respect to the exhibit depended upon that misrepresentation. For the theory was that the victim’s assailant had discarded the shorts because they were stained with blood. A pair of paint-stained shorts, found in an abandoned building a mile away from the scene of the crime, was virtually valueless as evidence against the petitioner. The prosecution deliberately misrepresented the truth.
More than 30 years ago this Court held that the Fourteenth Amendment cannot tolerate a state criminal conviction obtained by the knowing use of false evidence. Mooney v. Holohan, 294 U. S. 103. There has been no deviation from that established principle. Napue v. Illinois, 360 U. S. 264; Pyle v. Kansas, 317 U. S. 213; cf. Alcorta v. Texas, 355 U. S. 28. There can be no retreat from that principle here.
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
“Comes now the defendant, Lloyd Eldon, Miller Junior, by William H. Malmgren, his attorney, and hereby moves the Court to enter an order permitting defendant to make, or cause to be made, upon such terms and conditions as to the court seems necessary to adequately insure the interests of-the parties, a scientifice [sic] examination of the physical evidence to be introduced by the People in this cause and, to that end, enter an order requiring the People, by their attorney, to produce and make available all of said evidence for such an examination.
-.“For cause, movant says that such an examination is necessary to adequately prepare the.defense herein.”
13 Ill. 2d 84, 148 N. E. 2d 455.
An earlier federal habeas corpus application had been unsuccessful. Miller v. Pate, 300 F. 2d 414.
226 F. Supp. 541.
342 F. 2d 646.
384 U. S. 998.
'The petitioner has relied upon several different grounds for reversal of the judgment of the Court of Appeals. In deciding the case upon only one of those grounds, we intimate no view as to the merits of the others.
In affirming the petitioner’s conviction, the Supreme Court of Illinois stated that “it was determined” that the shorts “were stained with human blood from group A,” and referred to the petitioner’s “bloody shorts.” 13 Ill. 2d, at 89 and 106, 148 N. E. 2d, at 458 and 467.
People’s Exhibit 3 was forwarded here as part of the record, and we have accordingly had an opportunity to see it with our own eyes.
At the state clemency, hearing, some additional evidence was adduced to show that the shorts had not belonged to the petitioner.
There were two other discolored areas on the shorts, one black and the other “a kind of yellowish color.” A thread from the first of these areas contained material “similar to a particle of carbon.” “[N]o particulates showed up” on the thread taken from the other.
The witness pointed Out, however, that ^“blood substances are detectable over prolonged periods. That is, there are records of researches in which substances extracted from Egyptian mummies have been identified as blood.”
“Now, then, concerning the paint on the shorts, the petitioner yesterday, introduced scientific evidence to prove that there was paint on the shorts, a fact that they knew without scientific evidence. Everybody knew, in connection with the case, whoever looked at the shorts, and I think that the Court can look at them now and know there is. paint on them. This is not anything that was not disclosed to anybody. It is very obvious by merely looking at them . . . .”
See n. 9, supra.
The petitioner was not a painter but a taxi driver.
attorney general of the United States, or his office specified state board or department of education city, town, township, village, or borough government or governmental unit state commission, board, committee, or authority county government or county governmental unit, except school district court or judicial district state department or agency governmental employee or job applicant female governmental employee or job applicant minority governmental employee or job applicant minority female governmental employee or job applicant not listed among agencies in the first Administrative Action variable retired or former governmental employee U.S. House of Representatives interstate compact judge state legislature, house, or committee local governmental unit other than a county, city, town, township, village, or borough governmental official, or an official of an agency established under an interstate compact state or U.S. supreme court local school district or board of education U.S. Senate U.S. senator foreign nation or instrumentality state or local governmental taxpayer, or executor of the estate of state college or university United States State person accused, indicted, or suspected of crime advertising business or agency agent, fiduciary, trustee, or executor airplane manufacturer, or manufacturer of parts of airplanes airline distributor, importer, or exporter of alcoholic beverages alien, person subject to a denaturalization proceeding, or one whose citizenship is revoked American Medical Association National Railroad Passenger Corp. amusement establishment, or recreational facility arrested person, or pretrial detainee attorney, or person acting as such;includes bar applicant or law student, or law firm or bar association author, copyright holder bank, savings and loan, credit union, investment company bankrupt person or business, or business in reorganization establishment serving liquor by the glass, or package liquor store water transportation, stevedore bookstore, newsstand, printer, bindery, purveyor or distributor of books or magazines brewery, distillery broker, stock exchange, investment or securities firm construction industry bus or motorized passenger transportation vehicle business, corporation buyer, purchaser cable TV car dealer person convicted of crime tangible property, other than real estate, including contraband chemical company child, children, including adopted or illegitimate religious organization, institution, or person private club or facility coal company or coal mine operator computer business or manufacturer, hardware or software consumer, consumer organization creditor, including institution appearing as such; e.g., a finance company person allegedly criminally insane or mentally incompetent to stand trial defendant debtor real estate developer disabled person or disability benefit claimant distributor person subject to selective service, including conscientious objector drug manufacturer druggist, pharmacist, pharmacy employee, or job applicant, including beneficiaries of employer-employee trust agreement, employee health and welfare fund, or multi-employer pension plan electric equipment manufacturer electric or hydroelectric power utility, power cooperative, or gas and electric company eleemosynary institution or person environmental organization employer. If employer's relations with employees are governed by the nature of the employer's business (e.g., railroad, boat), rather than labor law generally, the more specific designation is used in place of Employer. farmer, farm worker, or farm organization father female employee or job applicant female movie, play, pictorial representation, theatrical production, actor, or exhibitor or distributor of fisherman or fishing company food, meat packing, or processing company, stockyard foreign (non-American) nongovernmental entity franchiser franchisee lesbian, gay, bisexual, transexual person or organization person who guarantees another's obligations handicapped individual, or organization of devoted to health organization or person, nursing home, medical clinic or laboratory, chiropractor heir, or beneficiary, or person so claiming to be hospital, medical center husband, or ex-husband involuntarily committed mental patient Indian, including Indian tribe or nation insurance company, or surety inventor, patent assigner, trademark owner or holder investor injured person or legal entity, nonphysically and non-employment related juvenile government contractor holder of a license or permit, or applicant therefor magazine male medical or Medicaid claimant medical supply or manufacturing co. racial or ethnic minority employee or job applicant minority female employee or job applicant manufacturer management, executive officer, or director, of business entity military personnel, or dependent of, including reservist mining company or miner, excluding coal, oil, or pipeline company mother auto manufacturer newspaper, newsletter, journal of opinion, news service radio and television network, except cable tv nonprofit organization or business nonresident nuclear power plant or facility owner, landlord, or claimant to ownership, fee interest, or possession of land as well as chattels shareholders to whom a tender offer is made tender offer oil company, or natural gas producer elderly person, or organization dedicated to the elderly out of state noncriminal defendant political action committee parent or parents parking lot or service patient of a health professional telephone, telecommunications, or telegraph company physician, MD or DO, dentist, or medical society public interest organization physically injured person, including wrongful death, who is not an employee pipe line company package, luggage, container political candidate, activist, committee, party, party member, organization, or elected official indigent, needy, welfare recipient indigent defendant private person prisoner, inmate of penal institution professional organization, business, or person probationer, or parolee protester, demonstrator, picketer or pamphleteer (non-employment related), or non-indigent loiterer public utility publisher, publishing company radio station racial or ethnic minority person or organization protesting racial or ethnic segregation or discrimination racial or ethnic minority student or applicant for admission to an educational institution realtor journalist, columnist, member of the news media resident restaurant, food vendor retarded person, or mental incompetent retired or former employee railroad private school, college, or university seller or vendor shipper, including importer and exporter shopping center, mall spouse, or former spouse stockholder, shareholder, or bondholder retail business or outlet student, or applicant for admission to an educational institution taxpayer or executor of taxpayer's estate, federal only tenant or lessee theater, studio forest products, lumber, or logging company person traveling or wishing to travel abroad, or overseas travel agent trucking company, or motor carrier television station union member unemployed person or unemployment compensation applicant or claimant union, labor organization, or official of veteran voter, prospective voter, elector, or a nonelective official seeking reapportionment or redistricting of legislative districts (POL) wholesale trade wife, or ex-wife witness, or person under subpoena network slave slave-owner bank of the united states timber company u.s. job applicants or employees Army and Air Force Exchange Service Atomic Energy Commission Secretary or administrative unit or personnel of the U.S. Air Force Department or Secretary of Agriculture Alien Property Custodian Secretary or administrative unit or personnel of the U.S. Army Board of Immigration Appeals Bureau of Indian Affairs Bonneville Power Administration Benefits Review Board Civil Aeronautics Board Bureau of the Census Central Intelligence Agency Commodity Futures Trading Commission Department or Secretary of Commerce Comptroller of Currency Consumer Product Safety Commission Civil Rights Commission Civil Service Commission, U.S. Customs Service or Commissioner of Customs Defense Base Closure and REalignment Commission Drug Enforcement Agency Department or Secretary of Defense (and Department or Secretary of War) Department or Secretary of Energy Department or Secretary of the Interior Department of Justice or Attorney General Department or Secretary of State Department or Secretary of Transportation Department or Secretary of Education U.S. Employees' Compensation Commission, or Commissioner Equal Employment Opportunity Commission Environmental Protection Agency or Administrator Federal Aviation Agency or Administration Federal Bureau of Investigation or Director Federal Bureau of Prisons Farm Credit Administration Federal Communications Commission (including a predecessor, Federal Radio Commission) Federal Credit Union Administration Food and Drug Administration Federal Deposit Insurance Corporation Federal Energy Administration Federal Election Commission Federal Energy Regulatory Commission Federal Housing Administration Federal Home Loan Bank Board Federal Labor Relations Authority Federal Maritime Board Federal Maritime Commission Farmers Home Administration Federal Parole Board Federal Power Commission Federal Railroad Administration Federal Reserve Board of Governors Federal Reserve System Federal Savings and Loan Insurance Corporation Federal Trade Commission Federal Works Administration, or Administrator General Accounting Office Comptroller General General Services Administration Department or Secretary of Health, Education and Welfare Department or Secretary of Health and Human Services Department or Secretary of Housing and Urban Development Interstate Commerce Commission Indian Claims Commission Immigration and Naturalization Service, or Director of, or District Director of, or Immigration and Naturalization Enforcement Internal Revenue Service, Collector, Commissioner, or District Director of Information Security Oversight Office Department or Secretary of Labor Loyalty Review Board Legal Services Corporation Merit Systems Protection Board Multistate Tax Commission National Aeronautics and Space Administration Secretary or administrative unit of the U.S. Navy National Credit Union Administration National Endowment for the Arts National Enforcement Commission National Highway Traffic Safety Administration National Labor Relations Board, or regional office or officer National Mediation Board National Railroad Adjustment Board Nuclear Regulatory Commission National Security Agency Office of Economic Opportunity Office of Management and Budget Office of Price Administration, or Price Administrator Office of Personnel Management Occupational Safety and Health Administration Occupational Safety and Health Review Commission Office of Workers' Compensation Programs Patent Office, or Commissioner of, or Board of Appeals of Pay Board (established under the Economic Stabilization Act of 1970) Pension Benefit Guaranty Corporation U.S. Public Health Service Postal Rate Commission Provider Reimbursement Review Board Renegotiation Board Railroad Adjustment Board Railroad Retirement Board Subversive Activities Control Board Small Business Administration Securities and Exchange Commission Social Security Administration or Commissioner Selective Service System Department or Secretary of the Treasury Tennessee Valley Authority United States Forest Service United States Parole Commission Postal Service and Post Office, or Postmaster General, or Postmaster United States Sentencing Commission Veterans' Administration War Production Board Wage Stabilization Board General Land Office of Commissioners Transportation Security Administration Surface Transportation Board U.S. Shipping Board Emergency Fleet Corp. Reconstruction Finance Corp. Department or Secretary of Homeland Security Unidentifiable International Entity