Offenses Against the State and Public Justice
Perjury
Notes of Decisions
Where the defendant testified that he did not remember a fact about which he had previously made statements, the issue of whether the defendant knew and remembered such fact at the time of the testimony claimed to be perjured must, of necessity, be established by circumstantial evidence. State v. Shoemaker, 277 Or 55, 559 P2d 498 (1977)
Where defendant’s allegedly false statement was made during hearing on motion to suppress and no evidence of contents of that motion or issues at the hearing were introduced, perjury conviction was reversed because there was insufficient evidence of materiality of statement. State v. Greenlaw, 49 Or App 15, 618 P2d 1291 (1980), as modified by 50 Or App 97, 622 P2d 325 (1980)
Where defendant, in proceeding to terminate her parental rights, made false statements in regard to her use of drugs, these statements were not material where usage of drugs was not alleged in petition as grounds for termination and conviction for perjury was improper. State v. Darnell, 49 Or App 461, 619 P2d 1321 (1980)
Where there was no specific statutory authority for administration of oath by Release Assistance Officer, defendant could not be convicted of perjury for false statements under oath administered by that official. State v. Flamer, 54 Or App 17, 633 P2d 860 (1981)
There was sufficient evidence that defendant’s verifications on custody release questionnaire that information there was “true and complete” were in fact false, where defendant knew that he did not disclose complete criminal record. State v. Proctor, 92 Or App 557, 759 P2d 316 (1988)
Because trial court administrator has express statutory authority to administer oaths and appoint deputies, and because court administrator acted within that authority in appointing release officer as deputy, defendant could be convicted of perjury for giving false information on oath administered by release officer so appointed. State v. Proctor, 92 Or App 557, 759 P2d 316 (1988)
Defendant was wrongly convicted of perjury where state presented no evidence even remotely suggesting that defendant did not sincerely believe his statement. State v. Hayes, 116 Or App 287, 843 P2d 944 (1992)
To prove perjury, state must show that defendant knew that statement was false, not that defendant was uncertain about truthfulness of statement. State v. Park, 120 Or App 294, 852 P2d 872 (1993), Sup Ct review denied
Where defendant was not administered formal oath, but signed construction lien notice falsely attesting to knowledge and belief of facts asserted, defendant was guilty of perjury. State v. Carr, 125 Or App 270, 863 P2d 1316 (1993), aff’d 319 Or 408, 877 P2d 1192 (1994)
Materially false statement is not perjury unless sworn to or affirmed before person authorized to take oaths or affirmations. Josephine County v. 1983 Chevrolet PU, 164 Or App 501, 992 P2d 947 (1999)