It is no defense to a prosecution for perjury that:

(1) The accused was not competent under the relevant rules of evidence to make the false statement alleged; or

(2) The accused mistakenly believed the false statement to be immaterial; or

(3) The oath was administered or taken in an irregular manner; or

(4) A document purporting to be made upon oath and uttered or published as so made by the accused was not in fact made under oath; or

(5) The court in which the acts constituting the offense were committed lacked jurisdiction over the person of the accused or over the subject matter.

11 Del. C. 1953, § ?1232; 58 Del. Laws, c. 497, § ?1;

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Terms Used In Delaware Code Title 11 Sec. 1232

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302