State v. Wilson

Citations

• 83 Wash. 419
• 145 P. 455
• 1915 Wash. LEXIS 704

Syllabus

<p>Pebjury — Elements of Offense — 'Degrees — Statutory Definitions. “Perjury in the second degree” as defined by Rem. & Bal. Code, § 2353, covering oral or written false swearing concerning any matter whatsoever whether as a volunteer or in a proceeding or investigation authorized by law, is not included within, and conviction thereof cannot be had under, a charge of perjury under Id., § 2351, defining perjury in the “first degree” as knowingly testifying falsely concerning material matters in any action, proceeding ... or investigation in which an oath may be lawfully administered (covering the crime of willful and corrupt perjury at common law as an “obstruction of justice”), in which there can be no shades or degrees of the offense.</p> <p>Same — Defenses—Materiality of False Testimony. Rem. & Bal. Code, § 2352, providing that it shall be no defense for “perjury in the first degree” (common law perjury, as to material matters under Id., § 2351) that the defendant did not know the materiality of his false statement if it was indeed material and might have affected such proceeding, does not contemplate that, if the testimony be material to the issue, the offense would be perjury in the first degree, and, if not material, “perjury in the second degree” (false swearing concerning any matter whatsoever, under Id., § 2353).</p> <p>Same — Evidence—Admissibility. In a prosecution for perjury, where the state has introduced evidence tending to show that defendant had made defamatory statements in a spirit of malice toward the prosecuting witness, defendant is entitled to introduce evidence denying or explaining away the alleged statements.</p> <p>Same — Instructions. Where the court, in a prosecution for perjury, has instructed the jury that every unqualified statement of that which one does not know to be true is equivalent to a statement of that which he knows to be false, qualifying it by further instructing that, in order to find the defendant guilty, they must find