BLACKBURN v. STATE

No. 4-985A261.

495 N.E.2d 806 (1986)

Terry BLACKBURN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied September 25, 1986.


Attorney(s) appearing for the Case

Lawrence O. Sells, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.


YOUNG, Presiding Judge.

Terry Blackburn appeals a jury verdict convicting him of perjury, a Class D felony. Essentially, he challenges the sufficiency of the evidence to sustain his conviction on grounds that the perjury statute, IND. CODE 35-44-2-1(a)(2), should be read to require proof that the defendant made two contradictory statements under oath or affirmation. We reverse, however, on other grounds.

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