State v. McBride

SWANSTROM, Judge.

Paul Eugene McBride was found guilty by a jury of perjury. He challenges his conviction contending that the false statements were not material to the trial proceeding in which they were made, and therefore could not support his conviction. He also asserts that the court improperly instructed the jury on I.C. § 18-5408, which equates an “unqualified statement of unknown fact” with a statement known to be false. McBride argues that this instruction unconstitutionally eliminated the state’s burden of proving criminal intent, or alternatively, that it unfairly altered the nature…