State v. Bosworth

[¶ 40.] I join the Court’s opinion on issue one (perjury) and issue three (sufficiency of the evidence). I concur in result on issue two (false instruments).

[¶41.] On issue two, the question is whether the nominating petitions at issue were false instruments. Under SDCL 22-11-28.1, a “false instrument” must be one that is not “genuine.” Id. (prohibiting the offering of a “false ... instrument ... for filing, ... which instrument, if genuine, could be filed” (emphasis added)). A thing is genuine if it is “authentic or real” or if it has “the quality of what a given thing purports to be or to…