State v. Aguilar

McFADDEN, Justice,

dissenting. .

I must dissent from the opinion of the majority because the trial court improperly directed the jury that as a matter of law Aguilar was under oath at the time of the alleged false statement. The elements of perjury as defined in I.C. § 18-5401 are (1) that defendant has taken an oath, (2) before a competent tribunal, officer or person, and (3) that he wilfully made a false statement (4) as to a material matter.

The state must allege and prove to the jury each essential element of the crime charged. See, e.g. State v. Dunn, 44 Idaho 636, 258 P. 553 (1927); State…