State v. Duncan

Defendant appeals from a court conviction on a charge of perjury (ORS 162.065). The sole question *155presented is whether there was sufficient evidence presented to support the guilty verdict.

The perjury charge arose from testimony given by the defendant at the rape-kidnapping trial of Lynn Van Hooser. Cf. State v. Van Hooser, 11 Or App 146, 501 P2d 78 (1972), affirmed — Or —, 511 P2d 359 (1973).

ORS 162.065 (1) provides:

“A person commits the crime of perjury if he makes a false sworn statement in regard to a material issue, knowing it to be false.”

On trial of the perjury charge, the state…