{"data":{"id":"us-de/11-del.-c.-1225","jurisdiction":"us-de","citation":"11 Del. C. § 1225","heading":"Inconsistent statements under oath; no need to prove one false; framing indictment; proof of irreconcilable inconsistency; conviction of lesser offense.","body":"When a person has made 2 statements under oath which are inconsistent to the degree that 1 of them is necessarily false, and the circumstances are such that each statement, if false, is perjurious, the inability of the prosecution to establish specifically which of the 2 statements is the false one does not preclude a prosecution for perjury. The prosecution may be conducted as follows:\n(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is false and perjurious.\n(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency. Such proof is sufficient to establish a prima facie case of falsity.\n(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each is false and perjurious, the defendant may be convicted of the lesser degree at most.","path":["Title 11. Crimes and Criminal Procedure","Delaware Criminal Code","CHAPTER 5. Specific Offenses","Subchapter VI. Offenses Against Public Administration"],"source_url":"https://delcode.delaware.gov/title11/c005/sc06/index.html#1225","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"eb6b3ed2da287333d27b7e73950044259cf58596f8b56e511994475cf1460187","source_id":"us-de","stale":true,"prev":"us-de/11-del.-c.-1224","next":"us-de/11-del.-c.-1226-1230"},"notice":"GroundRules: Original legal text. Not legal advice."}