STATE v. GALLEGOS

No. 5406.

644 P.2d 545 (1982)

98 N.M. 31

STATE of New Mexico, Plaintiff-Appellee, v. Ricky GALLEGOS, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied March 31, 1982.

Certiorari Denied May 5, 1982.


Attorney(s) appearing for the Case

Michael R. Gernsheimer, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


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, N.M.S.A. 1978, supra...

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