Does the fact that a witness testified untruthfully at a previous trial constitute a finding that he is testifying perjuriously at trial?

MultiRegion, United States of America

The following excerpt is from United States v. Aviles, 274 F.2d 179 (2nd Cir. 1960):

The fact that a witness testified untruthfully at a prior time does not require a finding that he is testifying perjuriously at trial. United States v. Margolis, 3 Cir., 1943, 138 F.2d 1002, 1004. It is for the jury to say whether his testimony at trial is truthful, in whole or in part, in the light of the witness' demeanor, his explanations and all the evidence in the case. United States v. Reina, 2 Cir., 242 F.2d 302, 307, certiorari denied 1957, 354 U.S. 913, 77 S.Ct. 1294, 1 L.Ed.2d 1427; United States v. Lennon, 2 Cir., 246 F.2d 24, 28, certiorari denied 1957, 355 U.S. 836, 78 S.Ct. 60, 2 L.Ed.2d 48.

Other Questions


Is it reversible error for a witness to testify over objection whether a previous witness was telling the truth? (MultiRegion, United States of America)
Is there any evidence to support a finding that a continuance of a trial would have been inconvenience to the trial of a bank witness? (MultiRegion, United States of America)
Is there any case law where a trial judge or jury was ordered to delay or otherwise delay the trial of a witness due to the absence of the witness? ("New York", United States of America)
What is the test for a motion for a new trial where newly discovered evidence indicates perjury by a prosecution witness at trial? (MultiRegion, United States of America)
Does the Fifth Amendment bar a defendant from testifying at trial if they are a witness in a criminal case? (MultiRegion, United States of America)
When a witness testified that he was not truthful at all but at all at the time of the alleged assault, is it a perjury? (MultiRegion, United States of America)
What is the test for a motion for a new trial on the grounds that a witness committed perjury? (MultiRegion, United States of America)
Is there any case law supporting the finding of inconsistency in testimony of a witness who testified that the testimony was consistent? (MultiRegion, United States of America)
What is the test for finding that a trial judge has abused his position by failing to properly supervise a jury in a jury trial? (MultiRegion, United States of America)
What constitutes a pernicious scheme to induce a witness to testify in a criminal case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.