Commentary for Sanhedrin 155:16

שיסה בו את הכלב וכו': אמר רב אחא בר יעקב כשתמצא לומר לדברי ר' יהודה ארס נחש בין שיניו הוא עומד לפיכך מכיש בסייף ונחש פטור

But if not, he is exempt, because the law of confuted testimony is inapplicable, and testimony which cannot be so confuted is inadmissible.<span class="x" onmousemove="('comment',' Ibid. XIX, 16-19. Since the murder was not committed in the presence of a Beth din, witnesses must testify thereto. But should they subsequently be proved false (Zomemim, v. Glos.) they could not be executed in accordance with Deut. XIX, 16-19, because they had sought the execution of one who is already regarded as dead, a terefah being thus considered, and testimony to which this law is inapplicable is not valid. But if the murder was committed in the presence of a Beth din, so that no testimony at all is required, the ordinary law of a murderer applies. ');">¹⁶</span>

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