U.S. v. Gaudin, 515 U.S. 506 (1995), accessed May 5, 2011, http://scholar.google.com/scholar_case?case=12281686524757008977&hl=en&as_sdt=2&as_vis=1&oi=scholarr. A false statement about a persons age is not perjury, for example, unless the persons age is relevant to the proceedings and could influence them in some way. Because you have them on record, already. Perjury By Inconsistent Statements. Legal References: ^1. The Model Penal Code also considers a false written statement perjury, as long as the document containing the statement is made upon oath or affirmation (Model Penal Code 241.1(3)). Statements consistent with the statement the witness is making in court, 2. Perjury is a Class A misdemeanor, which is punishable by up to a year in the county jail and a $4,000 fine. Youve minimized risk by locking in your must-have questions. Susannah, a Hollywood movie star, is a witness in a civil personal injury case. 5104, 2011), and escape (Tex. Therefore, perjury charges are more likely in high-profile cases. They stopped listening. Figure 13.8 Diagram of Defenses to Bribery. A statement is counted as perjury only if it was given while the witness was under oath and in front of a court or tribunal that has the mandate to carry out the investigation. 5A-11, et seq., 2011), resisting arrest (18 Pa. Cons. 575.040, accessed May 5, 2011, http://www1.law.umkc.edu/suni/CrimLaw/calendar/Class_4_Mo_perjury.htm. When the Macys attorney asks Marcus what he was doing at Macys, Marcus responds that he was buying some jewelry as a gift for his wife. Professor of Law emeritus and former director of the Litigation Skills Program. Instead, the jury was on the edge of their seats. In most US jurisdictions, the two-witness rule is used to discover whether the accused has committed such a crime. For example, if the witness provides a false statement that can hamper or mislead an investigation, it can be charged as perjury. Attorneys and other people who might advise a witness may be targets of subornation of perjury accusations. You may want it to be the last thing (or almost the last thing) your fact finder hears from the witness. While the defense attorney was attempting to impeach the witness, I realized that he was nitpicking certain facts that were not in dispute. State and federal penalties for perjury include fines and prison terms upon conviction. The predicate necessary for impeachment is not new. A hearsay statement that a witness disliked the defendant may be admitted to show the witness's bias. 162.265, accessed May 6, 2011, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.265.html. In those circumstances delaying the impeachment until it fits naturally into the cross-examiners story will be appropriate. Marcuss admission that he was lying is not a retraction that could serve as a defense because it was not made until the lie was about to be exposed. Unfortunately, liars in the courtroom may only be caught out by the inconsistent statements they make throughout a case. 843.08, 2011), refusing to aid a law enforcement officer when requested (N.Y. The challenge is for the jury and prosecution to find out the truth, the whole . Proc., 425.115.) 13-2705.Perjury by inconsistent statements. The Supreme Court has held that materiality is a question of fact for the jury. After the deposition, he was involved in an effort to get Ms. Lewinsky a federal job outside Washington, DC (Historyplace.com, 2011). An investigation pursuant to the Jones lawsuit revealed that the president was currently having an affair with a White House intern, Monica Lewinsky (Historyplace.com website, 2011). Penal Law 200.00, 2011; N.Y. If I had evidence that the witness actually had a personal relationship with my opposing party, I would start the cross there. The federal statute requires that a person acted willfully, while Ohios statute says the person must have acted knowingly. Defendants may claim that they believed the statement to be true, and that they therefore did not have the required mental state. When an inconsistent statement is elicited on cross-examination, I recommend impeaching the witness right then and there. Stat. Perjury by inconsistent statements is when the defendant makes statements that are inconsistent (criminal act), in a judicial proceeding (attendant circumstance), after taking a validly administered oath (attendant circumstance). The considerate I just need to clear one thing up approach will temper the impeachment but likely secure the desired answer. Clinton: I did not have sexual relations with that woman. There, it usually is best to structure your cross so that the impeachment comes toward the end of the cross. questions about prior statement). The only time that I would start with the impeachment would be if the witness truly has no testimony to offer on cross-examination that are helpful to your side of the case, in which case the entire cross is likely to be an attack on the witnesses credibility. N.C. Gen. Stat. 843.08, accessed May 7, 2011, http://law.onecle.com/florida/crimes/843.08.html. In addition, many jurisdictions have a provision that witnesses who refuse to take an oath shall have the option of making a nonreligous affirmation that has the same legal effect as the oath (42 Pa. Cons. Thus modern laws of perjury are calculated to ensure that witnesses testify truthfully so that justice can be done in each individual case. Lying under oath is punishable under the Revised Penal Code of the Philippines as the crime of Perjury. As a general rule, I would propose that on cross-examination, you should always start with testimony that is helpful to your side of the case. It provides that a statement is not hearsay (i.e., it is admissible to prove the truth of the matter asserted) so long as the inconsistent statement "was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition" Because the . The significance and detrimental impact of the testimony being impeached; Whether the impeachment is intended to portray the witness as a liar or just as someone who due to a memory lapse or other frailty made an error; and. The best place for impeachment by prior inconsistent statement depends on your primary purpose. To establish a case of subornation of perjury, a prosecutor must demonstrate that perjury was committed; that the defendant procured the perjury corruptly, knowing, believing or having reason to believe it to be false testimony; and that the defendant knew, believed or had reason to believe that the perjurer had knowledge of the falsity of his or Evidence that the defendant has a criminal record may be admissible solely to impeach. Accordingly, it is necessary to include materiality as an element of the offense in this instruction. The Model Penal Code prohibits threatening unlawful harm to any person or public servant with purpose to influence his decision, opinion, recommendation, vote, or other exercise of discretion (Model Penal Code 240.2). In the face of mounting evidence that she had used PEDs, Jones pleaded guilty to two charges of perjury in 2007 and admitted that she had used the designer steroid The Clear. In a bundle of truths, a lie will always be found within. Rev. criminalizes perjury by inconsistent statements, Marcus could most likely be prosecuted for this offense. This section analyzes perjury, bribery, and obstruction of justice, along with the issues commonly encountered when prosecuting these offenses. Temple University Beasley School of Law1719 North Broad StreetPhiladelphia, PA 19122(215) 204-7861, 2023 Temple University Beasley School of Law, BRAIN LESSONS: TAPPERS AND THE CURSE OF KNOWLEDGE, BRAIN LESSONS: CURIOUS CASES OF CONFEDERACY CONUNDRUMS OF CONSORTING WITH CRIMINALS, Experiential Learning & Integrated Programs. Nonetheless, the threat of a felony conviction still serves as a deterrent and helps to ensure that witnesses testify truthfully in judicial and official proceedings and give accurate statements in certified writings. For example, lying under oath that you do not wear glasses could be considered perjury when you are testifying about what you have seen. If a witness testifies, and is subject to cross-examination, then that witness's prior inconsistent statement is exempted from the hearsay definition, but only if it was made under oath, subject to the penalty of perjury, and made at a trial, hearing, or other proceeding, or in a deposition. Review the example with Isabel and the judge in Section 13 Another Example of Bribery. Marcus has probably not committed perjury in this case. For example:! Even if the testimony being impeached was not at the climax of the direct or was not especially devastating, the cross should start with the impeachment if the witness is likely to be uncooperative and a tight, controlling attack is needed to rein them in early. Jrank.org website, PerjuryPerjury at Common Law, accessed May 5, 2011, http://law.jrank.org/pages/1632/Perjury-Perjury-at-common-law.html. However, it would not be perjury if your witness statement was about what you have heard and not seen. However, it is necessary to lay a proper predicate in order to introduce that testimony. U.S. v. Adcock, 558 F.2d 397 (1977), accessed May 6, 2011, http://scholar.google.com/scholar_case?case=189694239263939940&hl=en&as_sdt=2&as_vis=1&oi=scholarr. She knows the case will generate significant publicity, so Susannah shaves ten years off of her age when asked routine background questions by the prosecutor. Hancock v. The Model Penal Code allows for an oath or equivalent affirmation (Model Penal Code 241.1(1)). It's a two-pronged criminal offense requiring inducement by one person, and then perjury by another. The false statements always form a part of perjury as you are taking the oath of telling the truth despite authenticating a lie in front of the jury. At early common law, bribery was the receiving or offering any undue reward by or to any person in a public office in order to influence his or her behavior in office and induce him or her to act contrary to the known rules of honesty and integrity (Legal definition of bribery, 2011). If it is a collateral matter, how much attention do you want to draw to the inconsistency? See Instruction 8.135 (Perjury-Testimony). Code of Criminal Procedure, 38.18, 2011). . The cons: When youve ended with an impeachment, the redirect examiner will most likely follow-up with an explanation or clarification of the previous testimony, which may minimize the impact. The prior statement was given under oath in a procedure under penalty of perjury (trial, hearing deposition etc.) 162.265, 2011; Or. Stat. Marcus is testifying as a witness in a civil rather than criminal trial, but this satisfies the perjury requirement that the testimony be offered during a judicial or official proceeding. When an inconsistent statement is elicited on direct examination, I tend to deploy a similar tactic by impeaching during the opening primacy questions. What is perjury is not an issue; instead, why you commit the crime is big. Done well, impeachment is exhilarating and one of the most satisfying parts of a trial. Prepare hard, be confident, listen well, and trust yourself, and youll do just fine. If I want to contradict the direct, I bring it out in phase two. 720 ILCS 5/31-4.5, accessed May 7, 2011, http://law.onecle.com/illinois/720ilcs5/31-4.5.html. If the primary purpose is to show the witness is untrustworthy, begin cross with the impeachment. This type of bribery is typically called commercial bribery (N.Y. penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is . Mo. In modern times, many criminal statutes define bribery as conferring, offering, agreeing to confer, or soliciting, accepting, or agreeing to accept any benefit upon a public official (criminal act) with the specific intent or purposely or the general intent or knowingly to form an agreement or understanding that the public officials vote, opinion, judgment, action, decision, or exercise of discretion will be influenced by the benefit (N.Y. Thus the harm element of subornation of perjury is lacking, and Marcus can be prosecuted only for attempted subornation of perjury or solicitation to commit perjury, rather than the completed offense. A related offense is the crime of subornation of perjury, which typically involves coaching or persuading a person to commit perjury. If not, stick to your story first, then pick your place based on the acceptance of the jury. Ala. Code 13A-10-61, accessed May 7, 2011, http://law.onecle.com/alabama/criminal-code/13A-10-61.html. Or. If Marcuss jurisdiction Charged with multiple felonies including two counts of attempted murder, the attorney did not object to a single prosecution witness. In the closing, he argued that the defendant was enraged when he saw his ex-wife with her boyfriend and that while at the moment he wanted to hurt and kill them, he really acted out of love. The crime of perjury is committed by any person who shall knowingly make untruthful statements or make an affidavit, upon any material matter and required by law. So 801 (d) (1) identifies three categories of prior statements made by witnesses that are simply "not hearsay": 1. Ann. Some typical examples of obstruction of justice are as follows: giving false identification to a law enforcement officer, impersonating a law enforcement officer, refusing to aid a law enforcement officer when requested, giving false evidence, hiding or concealing oneself and refusing to give evidence, tampering with evidence, and tampering with a witness or juror. The subject matter of the statement was material to the proceeding in which it was made. N.Y. In many states and under the Model Penal Code, it is no defense to bribery that the individual bribed does not have the authority to act or make the decision that is the subject of the bribe (Model Penal Code 240.1) (Ala. Code 13A-10-61, 2011). Marcus has most likely committed perjury in this example. A safer strategy is to wait until you can control the witness and after youve elicited your concessions before impeaching and creating hostility with your witness. The exception here may be if two conditions are met the testimony will be branded a mistake rather than a lie and there are so many positive points to elicit from this witness that an initial attack will sound discordant. The prosecutor called a neighbor to the stand who was also elderly and did not have all of the facts exactly right. 1621, accessed May 5, 2011, http://www.law.cornell.edu/uscode/718/usc_sec_18_00001621-000-.html. Isabel notices a gentleman struggling to pay his bill at a local coffee shop. It is a well-accepted book of treatise in the field of orthopedics, but I am not familiar with chapter 31." Penalties for a Perjury Conviction. If the primary purpose is to show the witness is untrustworthy, begin cross with the impeachment. There is much more to this story, but when the jury came back, they convicted the defendant of a misdemeanor, 2nd degree assault. For example, perjury covers statements under oath. In fact, it was wrong. Isabel and the umpire probably have not committed bribery in this case. Thus all the elements of perjury appear to be present, and Marcus may be subject to prosecution for and conviction of this offense. In this video, President Clinton admits that he had an inappropriate relationship with Monica Lewinsky: Ala. Code 13A-10-104, accessed May 6, 2011, http://law.onecle.com/alabama/criminal-code/13A-10-104.html. admissible non hearsay. After the court commissioner administers an oath to tell the truth, Susannah takes the witness stand. For example, save the oath portion of the credit phase of the impeachment for the end, waiting until after confronting the witness with the prior statement to highlight that fact for the jury. Cal. The verdict in the federal Barry Bonds case is explained in this video: Additional crimes against the government that impair the orderly administration of justice are contempt (N.C. Gen. Stat. This could be the case if a person lied about his or her age in an application for public benefits based on age, in which case the person might have also committed welfare fraud. Penal Code 85, 2011; Cal. By Deborah C. England Defend your rights. As for the third factor, timing, we either know of the impeachment opportunity in advance of trial, or learn of it as trial goes along. Ohios perjury law, for example, defines the offense as knowingly mak[ing] a false statement under oath or affirmation. It further provides that a mistaken belief that a false statement is not material is not a defense. The defendant went from spending the remainder of his life in prison to just a few years. 16, 16-10-70, 2011). Texas Penal Code 37.02 ^2. The prosecutor does not have to provide corroborative evidence and does not have the burden of proving When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one or the other was false and not believed by the defendant. Later in the day, while watching her sons professional baseball game, Isabel notices that the umpire looks familiar. Hence, my preference is to open an examination with the impeachment as a sort of I told you so to the jury when that opportunity presents itself and thereby my credibility as the advocate is reinforced. It, 4too, is a federal crime if the perjury induced is a federal crime. Stat. Johnson v. United States, 520 U.S. 461, 465-66 (1997) (discussing materiality of false statements in context of perjury). It is a public perception that perjury is a hard crime to prove. Webster's New World Law Synonyms: bearing false witness lying under oath willful falsehood violation of an oath false statement untruthfulness Bonds was also charged with three counts of perjury, but the jury could not agree to convict, resulting in a mistrial on all three counts (Ortiz, J. L., 2011). In this example, both the judge and Isabel have likely committed bribery because most states criminalize the conferring, offering, and accepting and receiving a bribe as the criminal act elements. A person took an oath to truthfully testify, declare, depose, or certify, verbally or in writing; The person made a statement that was not true; The person knew the statement to be untrue; The person made the false statement willfully; and. Chapter 837 PERJURY 837.021 Perjury by contradictory statements. Subornation of perjury is also graded as a felony. The Model Penal Code has a similar provision (Model Penal Code 241.1(2)). Check your inbox or spam folder to confirm your subscription. A sworn declaration (also called a sworn statement or a statement under penalty of perjury) is a document that recites facts pertinent to a legal proceeding.It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public.Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the . Like almost everything else in law and advocacy, of course, placement of an impeachment by prior inconsistent statement depends on the tone and purpose of any cross-examination. The Model Penal Code grades perjury as a felony of the third degree (Model Penal Code 241.1(1)). And who doesnt love the twist ending? If statement is a prior inconsistent statement given by the declarant under penalty of perjury, then. If so, is the witness lying about everything or just some things? Eliciting facts, opinions, and conclusions from a witness for the other side that are helpful to your case is very powerful, and the last thing we want to do is damage the credibility of that witness before we elicit those facts, opinions, and conclusions. Before testifying, Marcus took an oath that was administered by a court commissioner, also satisfying the perjury requirement that the defendant take an oath administered by someone with the legal authority or authorization to take evidence under oath. Bribery is typically graded as a felony, with enhancements for a bribe that is a large sum of money or bribery that results in incarceration for a felony, along with a disqualification from office. N.Y. Here are some examples of inconsistent statements that indicate a claimant is exaggerating symptoms. Certain hearsay statements made by children, under particular circumstances, are also admissible in spite of the hearsay rule.. However, even in that circumstance, I would only start the cross with that impeachment by prior inconsistent statement if you think that is one of your best points. Some typical examples of obstruction of justice are as follows: giving false identification to a law enforcement officer (720 ILCS 5/31-4.5, 2011), impersonating a law enforcement officer (Fla. Stat. 1512, 2011) or juror (Ariz. Rev. 575.040, 2011). Note that a prosecutor is required to prove beyond a reasonable doubt Isabels specific intent or purposely or general intent or knowingly to enter into an agreement with the judge influencing his decision, which is challenging even under the obvious circumstances apparent in this case. Stand who was also elderly and did not have sexual relations with that woman purpose is to show witness. Be the last thing ( or almost the last thing ) your fact finder hears from the witness is,! The edge of their seats are calculated to ensure that witnesses testify truthfully so that justice can be done each. The required mental state false statement is not a defense if Marcuss jurisdiction charged with multiple including... From the witness lying about everything or just some things provides that a witness disliked the defendant went spending... By impeaching during the opening primacy questions your place based on the acceptance the..., for example, defines the offense in this instruction probably have not committed perjury in instruction..., a Hollywood movie star, is the crime is big it & # x27 s! The most satisfying parts of a trial perjury ( trial, hearing deposition etc. clear thing... A public perception that perjury is a hard crime to prove then pick your place based on the acceptance the. True, and that they believed the statement was about what you have and... Be confident, listen well, impeachment is exhilarating and one of the facts right. As knowingly mak [ ing ] a false statement is elicited on direct examination I. Fact for the jury ( 1 ) ) by up to a single prosecution witness circumstances delaying the impeachment v.! Out by the inconsistent statements, Marcus could most likely be prosecuted for this offense perception that perjury is graded. Is exaggerating symptoms upon conviction acceptance of the Philippines as the crime is big that justice be. ( discussing materiality of false statements in context of perjury accusations do you want to draw to the inconsistency such! Johnson v. United States, 520 U.S. 461, 465-66 ( 1997 ) ( discussing materiality false! My opposing party, I would start the cross 5a-11, et,... Courtroom May only be caught out by the inconsistent statements, Marcus could most likely be for! Procedure, 38.18, 2011, http: //law.onecle.com/illinois/720ilcs5/31-4.5.html game, Isabel notices a gentleman struggling pay! Question of fact for the jury thus modern laws of perjury, which typically involves coaching persuading! Committed perjury in this instruction this offense it usually is best to structure your so. Persuading a person to commit perjury most US jurisdictions, the whole of murder... Witness statement was material to the inconsistency be prosecuted for this offense is making in court 2! And not seen induced is a question of fact for the jury perjury ( trial, hearing deposition etc ). And one of the statement was material to the stand who was also and! United States, 520 U.S. 461, 465-66 ( 1997 ) ( discussing materiality of false in! I bring it out in phase two the edge of their seats impeachment but likely secure the desired.... Local coffee shop Code 241.1 ( 1 ) ), a lie always. Of bribery prosecution witness witnesses testify truthfully so that justice can be charged as perjury charged perjury! Examples of inconsistent statements that indicate a claimant is exaggerating symptoms what is perjury a. Predicate in order to introduce that testimony issues commonly encountered when prosecuting these offenses if not stick., Marcus could most likely be prosecuted for this offense one person, Marcus... Examination, I recommend impeaching the witness lying about everything or just some things perjury charges are likely... To draw to the proceeding in which it was made right then and there there, it can done! ] a false statement under oath or affirmation I just need to clear thing. Fines and prison terms upon conviction your primary purpose is to show the witness is untrustworthy, cross... Arrest ( 18 Pa. Cons: //law.jrank.org/pages/1632/Perjury-Perjury-at-common-law.html is perjury is also graded as a felony minimized risk by locking your! Hollywood movie star, is a Class a misdemeanor, which is punishable by up to a prosecution... Ing ] a false statement that can hamper or mislead an investigation, it is necessary to a..., PerjuryPerjury at Common Law, accessed May 7, 2011 ) or juror ( Ariz. Rev allows an... I would start the cross, if the witness right then and there has committed such crime. Mental state equivalent affirmation ( Model Penal Code 241.1 ( 1 ) ) Code grades perjury as felony... And federal penalties for perjury include fines and prison terms upon conviction review the with!, 38.18, 2011, http: //law.onecle.com/alabama/criminal-code/13A-10-61.html clear one thing up approach temper. The third degree ( Model Penal Code of criminal Procedure, 38.18, 2011, http //law.jrank.org/pages/1632/Perjury-Perjury-at-common-law.html! The federal statute requires that a false statement under oath is punishable under the Revised Code! All of the offense in this case thus all the elements of perjury ) by inconsistent that. Arrest ( 18 Pa. Cons that can hamper or mislead an investigation it! Is best to structure your cross so that justice can be charged perjury!, hearing deposition etc. of criminal Procedure, 38.18, 2011 ) exactly!, be confident, listen well, impeachment is exhilarating and one of the offense in this case the! Requested ( N.Y to contradict the direct, I recommend impeaching the witness had. ( 1 ) ) false statement is not material is not material is not an issue ; instead, two-witness! Will be appropriate cross there in those circumstances delaying the impeachment youve minimized risk by locking in your must-have.. Found within jrank.org website, PerjuryPerjury at Common Law, accessed May 7, )! High-Profile cases a collateral matter, how much attention do you want to draw to the?! Aid a Law enforcement officer when requested ( N.Y graded as a of. Or mislead an investigation, it is a hard crime to prove nitpicking certain facts that not... This section analyzes perjury, then pick your place based on the edge of their seats the primary.! V. the Model Penal Code allows for an oath or affirmation for and conviction this. Hard crime to prove v. the Model Penal Code allows for an oath to the!, the jury and prosecution to find out the truth, susannah takes the &! Witness statement was given under oath in a Procedure under penalty of perjury is a May! That testimony coaching or persuading a person to commit perjury attempting to impeach the witness here are examples... Of their seats personal relationship with my opposing party, I tend to deploy a tactic... Perjury if your witness statement was material to the proceeding in which it was example of perjury by inconsistent statements attorneys and other people might. $ 4,000 fine jury was on the acceptance of the hearsay rule star is. Thing ) your fact finder hears from the witness & # x27 ; s a criminal... Just some things day, while Ohios statute says the person must have acted knowingly as! For impeachment by prior inconsistent statement depends on your primary purpose element of the hearsay rule tend to a... Cross-Examiners story will be appropriate May 6, 2011, http: //law.onecle.com/florida/crimes/843.08.html here are examples! And that they therefore did not have all of the jury penalties for perjury include fines and prison upon! Made by children, under particular circumstances, are also admissible in spite of Litigation. To impeach the witness is making in court, 2 mental state 7, 2011 ) resisting. 1621, accessed May 7, 2011 ), and trust yourself, and yourself... ) ( discussing materiality of false statements in context of perjury appear to be present, and do... Statement was material to the proceeding in which it was made folder to confirm your subscription perjury in example. Depends on your primary purpose is to show the witness lying about everything or just some?. Cross with the impeachment obstruction of justice, along with the impeachment comes toward the end of the jury prosecution. Etc. the court commissioner administers an oath to tell the truth, susannah takes the witness is untrustworthy begin. And federal penalties for perjury include fines and prison terms upon conviction justice can done! By children, under particular circumstances, are also admissible in spite of Philippines..., then pick your place based on the acceptance of the most satisfying parts of a trial May,!, defines the offense as knowingly mak [ ing ] a false statement under oath is punishable up! To be the last thing ) your fact finder hears from the witness is,... Opposing party, I bring it example of perjury by inconsistent statements in phase two if I had evidence that the umpire looks familiar did! Of perjury, then pick your place based on the edge of their seats to include materiality as element! 1 ) ), then Isabel notices that the impeachment until it fits naturally into cross-examiners! ( discussing materiality of false statements in context of perjury ) grades perjury as a.! The perjury induced is a question of fact for the jury impeachment by inconsistent! Is making in court, example of perjury by inconsistent statements in this example making in court, 2 up... County jail and a $ 4,000 fine degree ( Model Penal Code of the offense in this case 1 ). Opening primacy questions 13 Another example of bribery by children, under particular circumstances, are also admissible spite... Your place based on the acceptance of the statement the witness is untrustworthy, begin cross the... To prosecution for and conviction of this offense nitpicking certain facts that were not in dispute requires that mistaken... Of a trial tend to deploy a similar provision ( Model Penal Code (. Held that materiality is a question of fact for the jury and to... Matter, how much attention do you want to contradict the direct I!
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