State v. Farrington

WERNICK, Justice.

Indicted for perjury, 17-A M.R.S.A. § 451 (Supp.1979), defendant Kenneth W. Far-rington, after a jury-waived trial in the Superior Court (Penobscot County), was adjudged guilty of false swearing, 17-A M.R. S.A. § 452 (Supp.1979), deemed to be a lesser included offense. Defendant has appealed from the judgment of conviction and makes two contentions: (1) the evidence of the falsity of defendant’s statements was entirely circumstantial and, therefore, legally insufficient under a traditional rule which defendant says the Criminal Code has retained; (2) prosecutorial misconduct,…