What is the test for perjurious statements under the perjury statute?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sainz, 772 F.2d 559 (9th Cir. 1985):

Our inquiry into the defendant's allegedly perjurious statement must begin with an appreciation of the context in which the statement was offered. United States v. Cook, 497 F.2d 753, 764-65 (9th Cir.1972) (Ely, J., dissenting), dissenting opinion reinstated on rehearing as majority position in relevant part, 489 F.2d 286 (9th Cir.1973). The practice of lifting statements uttered by a witness out of context can serve no useful purpose in advancing the truth-seeking role of the perjury statutes. Such a practice not only fails to advance the cause of truth in our judicial system, it undermines the primary policy consideration which has governed the contours of the perjury offense from its inception.

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