Justice MARTINEZ delivered the Opinion of the Court.
The issue presented by this interlocutory appeal is whether a defendant being tried for perjury is entitled to have a jury determine whether his false statement is material. We hold that materiality is an element of the offense of first-degree perjury, section 18-8-502, 8B C.R.S. (1986), and that a defendant has a constitutional right to have a jury determine whether a statement is material.
I.
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