Edwards v. State

577 P.2d 1380
CourtWyoming Supreme Court
DecidedMay 8, 1978
DocketNo. 4834
StatusPublished
Cited by17 cases

This text of 577 P.2d 1380 (Edwards v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edwards v. State, 577 P.2d 1380 (Wyo. 1978).

Opinion

RAPER, Justice.

Appellant-defendant was found guilty by a jury in district court of perjury in violation of § 6-153.1, W.S.1957,1975 Cum.Supp. [§ 6-8-101, W.S.1977],1 and sentenced to a penitentiary term of not less than 18 months nor more than two years. On appeal, defendant raises five issues:

1. Whether the State successfully proved all elements of the crime of perjury;

2. Whether the trial judge erred in not removing the matter to juvenile court;

3. Whether the trial judge exhibited an open bias so that the jury was improperly influenced;

4. Whether the transcript of the trial in which the perjury allegedly occurred was improperly admitted into evidence;

5. Whether undue attention was drawn to the allegedly perjurious testimony of defendant.

We shall affirm.

Pursuant to subpoena, defendant testified for the defense in the trial of State v. Russell, et al, Criminal Action No. 7177, Natrona County District Court. That trial resulted in the conviction of Thomas Russell, Jr. on charges of receiving stolen property. When defendant appeared at the courthouse in Casper to testify on the second day of the Russell trial, he was summoned by Officer Millay of the Casper Police Department to a conference with Officer Millay and Deputy County Attorney Lewis. After defendant had related the statement that he was going to make in court (that the expensive racing manifold with carburetors involved in the trial had been given by him, Edwards, to Russell as collateral on a loan), Lewis indicated his disbelief of such version and threatened defendant with a charge of perjury. Defendant then recanted his statement and related that he had been threatened by Russell and told to testify to the fabricated story. He then left the county attorney’s office and upon entering the courthouse hallway was once again threatened by Russell. Subsequently, when called as a witness in the Russell trial, he testified to the story which he previously had told Millay and Lewis was fabricated. At the trial of the perjury charges herein, defendant admitted his pri- or testimony was not true, but asserted that he had related it out of fear of Russell and others.

A charge of perjury requires proof of three elements: (1) the materiality of the perjured evidence upon the issue in the trial in which it was given; (2) that the defendant testified as alleged; and (3) that his testimony (evidence) was knowingly and corruptly false. Fletcher v. State, 1912, 20 Wyo. 284, 123 P. 80. As with all criminal charges, each element must be proved beyond a reasonable doubt; yet with a charge of perjury, the quantum of proof necessary is the highest known to law, excepting only treason. State v. Buchanan, 1971, 79 Wash.2d 740, 489 P.2d 744. To support a conviction for perjury, the offense must be proved by the testimony of two independent witnesses, or that of one witness and independent corroborating circumstances of [1383]*1383weight equal to the testimony of another witness. 70 C.J.S. Perjury § 68, pp. 535-538; People v. Mazza, 1973, 182 Colo. 166, 511 P.2d 885; State v. Frames, 1973, 213 Kan. 113, 515 P.2d 751. Though much criticized, this so-called “two-witness” rule is deeply rooted in past centuries, manifesting a policy as said in United States v. Diggs, 7 Cir. 1977, 560 F.2d 266, 269, cert. den. 434 U.S. 925, 98 S.Ct. 404, 54 L.Ed.2d 283:

“ * * * that a conviction for perjury ought not to rest solely on one man’s oath against that of another, and on ‘the fear that innocent witnesses might be unduly harassed or convicted in perjury prosecutions if a less stringent rule were adopted.’ Weiler v. United States, 323 U.S. 606, 609, 65 S.Ct. 548, 550, 89 L.Ed. 495 (1945).”

The jury was properly instructed by the trial judge as to this extra heavy burden of proof placed upon the State.

Defendant’s initial assertion of error alleges that requisite proof of the required elements of the perjury charge had not been successfully made. He asserts that neither the materiality of the evidence, nor its knowing and corrupt falsity, nor that it was given as alleged under oath had been proven to the standards required. After reviewing the evidence presented in the trial court, we cannot agree. From the full transcript of testimony adduced at the prior trial, admitted after proper authentication by the official court reporter, Annotation, “Mode of proof of testimony given at former examination, hearing, or trial,” 11 A.L.R.2d 30, as well as defendant’s own testimony at the trial herein, it is clear that the perjured testimony in question was properly attributed to him and material. As for his allegation that the prior testimony was not properly shown to have been under oath, we would simply point out that the court reporter testified that the contents of the transcript were exactly as he had taken them down; and thus, in conjunction with the statement in the transcript that defendant had been duly sworn, constitutes sufficient proof beyond a reasonable doubt that the oath had been given. People v. Beacham, 1977, 50 Ill.App.3d 695, 8 Ill.Dec. 499, 365 N.E.2d 737.

Concerning the required element of materiality, the defendant has urged that unless the indictment or information from the prior trial, along with the record of that defendant’s plea of not guilty in the previous case, are introduced into evidence ' in the perjury trial at hand, materiality has not been adequately shown, citing as controlling authority Fletcher v. State, supra. From our reading of Fletcher, such a conclusion is not that clear. To be material, the statement made must have some weight and reference to the determination of an issue before the court. Although its actual effect has no bearing on materiality, the statement must be one which could influence a tribunal, even if only upon a collateral or circumstantially material point. 70 C.J.S. Perjury §§ 11-12, pp. 466-468. In the situation herein, it should be obvious that defendant’s perjured statement was more than material. It went to the very crux of the possession of stolen property charge against the defendant Russell, being directed as it was at the key element of Russell’s knowledge at the time of the receipt of the property. The testimony of Officer Millay, as well as Deputy County Attorney Lewis, clearly indicated the testimony’s materiality, and there would seem to be no need, under circumstances such as this, for the narrow, technical requirement of Fletcher, as interpreted and proposed by defendant.

We do not read Fletcher as saying the only way materiality may be proven is by introduction into evidence of a copy of the information and proof of a plea of not guilty. The holding, as we view it, states only that there must be proof of a joinder of issue and if the perjured testimony of a witness is material to that issue, the matter is properly before the jury. In Fletcher, there was a failure of proof that issue had been joined.

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Bluebook (online)
577 P.2d 1380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-state-wyo-1978.