Delaware § 1225 Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense

Delaware Statutes

§ 1225 — Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Against Public Administration

When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as follows:

(1)The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is false and perjurious.

(2)The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency. Such proof is sufficient to establish a prima facie case of falsity.

(3)If perjury of different degrees would be established by the making

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When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as follows:

(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is false and perjurious.

(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency. Such proof is sufficient to establish a prima facie case of falsity.

(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each is false and perjurious, the defendant may be convicted of the lesser degree at most.

Delaware § 1225 (Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.