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46.4608 Proof of falsity of statements.

Cite as [A.S.C.A. § 46.4608]

Persons may not be convicted of a violation of 46.4605, 46.4606, or 46.4607 based upon the making of a false statement except upon proof of the falsity of the statement by:

(1) the direct evidence of 2 witnesses;

(2) the direct evidence of 1 witness together with strongly corroborating circumstances;

(3) demonstrative evidence which conclusively proves the falsity of the statement; or

(4) a directly contradictory statement by the defendant under oath together with:

(A) the direct evidence of 1 witness; or

(B) strongly corroborating circumstances; or

(5) a judicial admission by the defendant that he made the statement knowing it was false. An admission, which is not a judicial admission, by the defendant that he made the statement knowing it was false may constitute strongly corroborating circumstances.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 575.070, 15 ASC 502, 15 ASC 504.