State v. Gallegos
New Mexico Court of Appeals
1Opinion of the Court
OPINION
NEAL, Judge.
Defendant was convicted of perjury, contrary to § 30-25-1, N.M.S.A.1978. Although defendant has raised three issues on appeal, each of defendant’s points focus on the central question of whether the element of materiality is a question to be decided by a judge or jury in a perjury case. We hold that materiality is a question for the trial judge and affirm defendant’s conviction.
Section 30-25-1, supra, provides:
Perjury consists of making a false statement under oath or affirmation, material to the issue or matter involved in the course of any judicial, administrative,…
Also in this document: Concurrence.
2Cases cited9 opinions
- Sinclair v. United StatesSupreme Court of the United States · 1929
- Commonwealth v. McDuffeeMassachusetts Supreme Judicial Court · 1979
- Carroll v. United StatesCourt of Appeals for the Second Circuit · 1927
- Leo Vitello v. United StatesCourt of Appeals for the Ninth Circuit · 1970
- People v. ClementeAppellate Division of the Supreme Court of the State of New York · 1954
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3Cited by8 opinions
- United States v. TaylorDistrict Court, N.D. California · 1988
- State v. AlbinNew Mexico Court of Appeals · 1986
- People v. HedgecockCalifornia Supreme Court · 1990
- People v. HedgecockCalifornia Supreme Court · 1990
- State v. AlbinNew Mexico Court of Appeals · 1986
3 more not listed; retrieve them via the Exa API.