State v. Darnell

Defendant was convicted after trial to the court of two counts of perjury, ORS 162.065, for testimony she gave at a hearing on a petition to terminate the parental rights of defendant and her husband to their daughter. On appeal, she argues that the trial court erred in denying her motion to strike one count of the indictment, since the false statement alleged therein was not material.1 She also contends that the trial court erred in failing to grant on its own motion a judgment of acquittal on the other count.

Insofar as pertinent to this appeal, the petition to terminate the parental rights…