There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 523 PERJURY AND RELATED OFFENSES
523.050 Inconsistent statements.
Download pdfsetting forth the inconsistent statements in a single charge alleging in the alternative
that one (1) or the other was false and not believed by the defendant. In such case it
shall not be necessary for the prosecution to prove which statement was false but
only that one (1) or the other was false and not believed by the defendant to be true. (2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If perjury of
different degrees would be established by the making of the two (2) statements, the
person may only be convicted of the lesser degree. If perjury or false swearing
would be established by the making of the two (2) statements, the person may only
be convicted of false swearing. Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 194, effective January 1, 1975.
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