Stephen Matthew Sutphin v. Commonwealth of Virginia

HUMPHREYS, Judge.

Stephen Matthew Sutphin (“Sutphin”) was convicted of perjury by giving conflicting testimony on separate occasions as to the same matter under Code § 18.2-435 following a bench trial in the Circuit Court of the County of Amelia (“trial court”). On appeal, Sutphin contends that the trial court erred in finding the evidence sufficient to convict him of perjury, because the evidence of falsity was uncorroborated, ambiguous, and failed to exclude every reasonable hypothesis of innocence. Despite the fact that the evidence is clearly insufficient for the offense charged, for the…