State v. Barkwell

I respectfully dissent from the majority opinion.

While the majority concludes that Bark-well’s conviction may not stand because the trial judge refused to consider the defense of professed ignorance as to the true meaning of the terms “convictions” and “criminal record,” the issue of materiality poses a significant and fundamental issue of trial error. On the evidence adduced, the state did not, in my view, sustain the requisite burden of proof to support a conviction for the offense of perjury and the defendant should be discharged.

The offense of perjury, defined by statute, Section 557.010,…