State v. Flamer

In a trial to the court, defendant was convicted of perjury. ORS 162.065.1 He appeals the judgment of conviction, asserting that the pretrial release officer who administered the oath under which he allegedly made false statements did not have express authority to administer oaths. The state concedes that a conviction for perjury cannot be predicated upon an oath taken before a person lacking express statutory authority to administer oaths. State v. Craig, 94 Or 302, 185 P 764 (1919); accord Proposed Oregon Criminal Code 188-189, Commentary, § 186 (1970).

Defendant was stopped for careless…