18.2-435 - Giving conflicting testimony on separate occasions as to same matter; indictment; sufficiency of evidence.

§ 18.2-435. Giving conflicting testimony on separate occasions as to samematter; indictment; sufficiency of evidence.

It shall likewise constitute perjury for any person, with the intent totestify falsely, to knowingly give testimony under oath as to any materialmatter or thing and subsequently to give conflicting testimony under oath asto the same matter or thing. In any indictment for such perjury, it shall besufficient to allege the offense by stating that the person charged therewithdid, knowingly and with the intent to testify falsely, on one occasion givetestimony upon a certain matter and, on a subsequent occasion, give differenttestimony upon the same matter. Upon the trial on such indictment, it shallbe sufficient to prove that the defendant, knowingly and with the intent totestify falsely, gave such differing testimony and that the differingtestimony was given on two separate occasions.

(Code 1950, § 18.1-276; 1960, c. 358; 1975, cc. 14, 15.)