Section 14.108 Materiality
| Library | Criminal Practice 2012 Supp |
c. (§14.108) Materiality
The inquiry to which the alleged false answer was given must have been material. See State v. Brinkley, 189 S.W.2d 314 (Mo. 1945); State v. Swisher, 260 S.W.2d 6 (Mo. banc 1953). Sections 575.040.1, 575.050.1, RSMo 2000; § 575.060.2, RSMo Supp. 2004. A fact is material, regardless of its admissibility under the rules of evidence, if it could substantially affect the course or outcome of the proceeding. Sections 575.040.2, 575.060.2. The defendant does not need to know that the fact...
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