An information or indictment for perjury under Section 37.02 or aggravated perjury under Section 37.03 that alleges that the declarant has made statements under oath, both of which cannot be true, need not allege which statement is false. At the trial the prosecution need not prove which statement is false.
Tex. Penal Code § 37.06
INCONSISTENT STATEMENTS
Applied in 4 court decisions — leading case Deckard v. State (1997)
Most recently applied in Tray Don Goswick v. State (September 2018)
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.