STATE v. McBRIDE

No. 18790.

846 P.2d 914 (1992)

123 Idaho 263

STATE of Idaho, Plaintiff-Respondent, v. Paul Eugene McBRIDE, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied January 20, 1993.

Petition for Review Denied March 11, 1993.


Attorney(s) appearing for the Case

May & May Law Offices, Twin Falls for defendant-appellant. Thomas D. Kershaw, Jr., argued.

Larry J. EchoHawk, Atty. Gen., Jack B. Haycock, Deputy Atty. Gen., for plaintiff-respondent. Jack B. Haycock argued.


SWANSTROM, Judge.

Paul Eugene McBride was found guilty by a jury of perjury. He challenges his conviction contending that the false statements were not material to the trial proceeding in which they were made, and therefore could not support his conviction. He also asserts that the court improperly instructed the jury on I.C. § 18-5408, which equates an "unqualified statement of unknown fact" with a statement known to be false. McBride argues that this instruction...

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