WPIC 118.21.01 Evasive and Misleading Testimony that Is True
11A WAPRAC WPIC 118.21.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 118.21.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 118. Perjury or False Swearing
WPIC 118.21.01 Evasive and Misleading Testimony that Is True
A statement is not false if a person's testimony is literally or technically true, even if the answer is evasive and is intended to be misleading.
NOTE ON USE
Use this instruction as applicable.
COMMENT
The perjury statute is to be construed strictly. A perjury charge cannot be maintained if the testimony of the accused was literally, technically, or legally true, even if the answer was evasive and was intended to be misleading. State v. Olson, 92 Wn.2d 134, 594 P.2d 1337 (1979); State v. White, 31 Wn.App. 655, 644 P.2d 693 (1982). For further discussion, see Fine, 13A Washington Practice, Criminal Law and Sentencing section 23:5 (3d ed.).
[Current as of December 2019.]
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