Elements of PerjuryMaking of a False Statement
The second essential element of a perjury offense is that the defendant
must have made a false statement. The indictment should set forth the
falsehoods alleged and the factual basis of their falsity, such that the
determine their veracity, and also allow meaningful judicial review.
States v. Reilly, 33 F.3d 1396, 1417 (3d Cir. 1994). In determining the
falsity of the defendant's statement, neither the court nor the trial jury
accept the defendant's interpretation; instead, the statement should be
in context. Bronston v. United States, 409 U.S. 352, 355 (1973).
clear on their face are to be understood in their common sense and usage
the context makes it clear that a different sense or usage was intended.
United States v. Fulbright, 804 F.2d 847, 851 (5th Cir. 1986).
also, United States v. Robbins, 997 F.2d 390, 395 (8th Cir.),
denied, 510 U.S. 948 (1993).|
[cited in USAM 9-69.200]