What is the current state of the law on the perjurious testimony exception?

The difficult issue remains that the only authorities applying the perjury exception thus far have involved perjury prosecutions or the like. In such prosecutions, as we had occasion to state recently in United States v. Anzalone, 555 F.2d 317 (2 Cir. 1977), the jury gives the answer to whether the "immunized" testimony was perjurious, directly by its verdict. When the prosecution is for a substantive offense, however, the alleged perjury is collateral and is not directly decided by the jury. To find, in such a prosecution, that particular "immunized" testimony was perjurious requires some preliminary finding of fact, or clear documentary evidence as in United States v. Kahan, 415 U.S. 239, 94 S.Ct. 1179, 39 L.Ed.2d 297 (1974), or, as here and in Tramunti, later objective proof.