What is the test for making a false or deliberately misleading statement about a crime?

California, United States of America


The following excerpt is from People v. Stewart, D068075 (Cal. App. 2015):

9. CALJIC No. 2.03 provided: "If you find that before this trial the defendant made a willfully false or deliberately misleading statement concerning the crime or crimes for which he is now being tried, you may consider that statement as a circumstance tending to prove a consciousness of guilt. However, that conduct is not sufficient by itself to prove guilt, and its weight and significance, if any, are for you to decide." (People v. McGowan (2008) 160 Cal.App.4th 1099, 1103 (McGowan), italics added.)

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