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State v. Tinker

Supreme Court of Vermont
Mar 13, 1996
676 A.2d 785 (Vt. 1996)

Opinion

No. 95-126

March 13, 1996.

Appeal from District Court of Vermont, Unit No. 2, Chittenden Circuit.


The trial court erred in denying defendant's motion for acquittal for perjury, 13 V.S.A. § 2904. Our law "requires that perjury be proved by the testimony of two witnesses, or by the testimony of one witness with independent corroborating evidence." State v. Wheel, 155 Vt. 587, 607, 587 A.2d 933, 945 (1990). Where, as here, the State presents only one witness to testify as to the falsity of defendant's statements, "`[t]he independent corroborating evidence must be equal in weight to the testimony of another witness, and it must be, by itself, inconsistent with the innocence of the defendant.'" State v. Tonzola, 159 Vt. 491, 497, 621 A.2d 243, 246 (1993) (quoting People v. Fueston, 717 P.2d 978, 980 (Colo.Ct.App. 1985) (citation omitted), rev'd on other grounds, 749 P.2d 952 (Colo. 1988)).

In the instant matter, the State failed to present independent evidence to corroborate the falsity of defendant's statements. Consequently, defendant's conviction cannot stand, and a judgment of acquittal must be entered.

Reversed; judgment of acquittal entered.


Summaries of

State v. Tinker

Supreme Court of Vermont
Mar 13, 1996
676 A.2d 785 (Vt. 1996)
Case details for

State v. Tinker

Case Details

Full title:STATE of Vermont v. Randall TINKER

Court:Supreme Court of Vermont

Date published: Mar 13, 1996

Citations

676 A.2d 785 (Vt. 1996)
165 Vt. 548

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