What is the test for a motion to overturn a conviction for murder based on perjured testimony?

By petition for writ of coram nobis or other appropriate relief, defendants seek to set aside the judgments of conviction of murder, claiming that a key prosucution witness perjured himself at trial and that the prosecuting authorities were aware of the perjured testimony. By petition for writ of habeas corpus they seek reversal of the judgments as to penalty on the basis that errors occurred of the type condemned in People v. Morse, 60 Cal.2d 631, 36 Cal.Rptr. 201, 388 P.2d 33. This court ordered a reference as to the alleged perjured testimony, and the referee's findings were against the defendants as to all issues relating to those allegations. Since the referee's conclusions appear to be correct, we deny the request for relief from the judgments of conviction for murder. The judgments as to penalty must be reversed, however, since the argument and instructions to the jury were prejudicially erroneous according to the rule of People v. Morse, supra, 60 Cal.2d 631, 36 Cal.Rptr. 201, 388 P.2d 33, and cases following.