PEOPLE v. LIVELY

Docket No. 123145, Calendar No. 10.

680 N.W.2d 878 (2004)

470 Mich. 248

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Tiffany Free LIVELY, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 16, 2004.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Donald J. McLennan, Prosecuting Attorney, and William E. Molner, Assistant Attorney General, for the people.

Earl R. Spuhler, Rogers City, for the defendant.


CORRIGAN, C.J.

We granted leave to appeal1 to consider whether the materiality of a false statement is an element of the statutory offense of perjury, MCL 750.422 and 750.423. The Court of Appeals held that materiality is an element that must be submitted to the jury,2 but the plain language of MCL 750.423 sets forth a definition of perjury that does not require proof of materiality. Because the Legislature...

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