§ 18-8-505 — Perjury or false swearing - inconsistent statements

(1) Where a
person charged with perjury or false swearing has made inconsistent material
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 count alleging in the alternative that one or the other was
false and not believed by the defendant. In such case it shall not be necessary for
the prosecution to prove which statement was false but only that one or the other
statement was false and not believed by the defendant to be true.

(2) The highest offense of which a person may be convicted in such an
instance shall be determined by hypothetically assuming each statement to be
false. If the assumption establishes perjury of different degrees, the person may be
convicted of the lesser degree at most. If perjury or false swearing is established by
the making of the two statements, the person may be convicted of false swearing
at the most.

Legislative History

Source: L. 71: R&RE, p. 464, � 1. C.R.S. 1963: � 40-8-505. L. 73: p. 535, � 4.