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Ark. Code Ann. § 5-53-106

Perjury or false swearing — Inconsistent statements

Applied in 1 court decision — leading case 2010 Ark. App. 323 - Stewart v. State (2010)

Most recently applied in 2010 Ark. App. 323 - Stewart v. State (April 2010)

Acts 1975, No. 280, § 2604; A.S.A. 1947, § 41-2604.

(1) When a person charged with perjury or false swearing has made inconsistent material statements under oath and affecting the same matter or transaction, all the several inconsistent material statements may be charged in different counts of the same indictment or information.

(2) Proof of the inconsistency of statements is of itself evidence that one (1) of the statements is false, and it is not necessary to sustain a conviction to establish which statement is false.

(3) If one (1) inconsistent statement, if false, would constitute perjury and the other inconsistent statement, if false, would constitute only false swearing, the defendant may be convicted only of false swearing.

(4) Nothing in this section prevents a conviction of perjury when proof of perjury is established by evidence other than proof of inconsistent statements.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.