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PARRIS N. GLENDENING, Governor Ch. 26
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(D) STATUTE OF LIMITATIONS AND IN BANC REVIEW
A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO § 5-106(B) OF THE
COURTS ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 435, 437, and, as it related to the penalty
for perjury, § 439.
In subsection (b) of this section, the phrase "is subject to imprisonment" is
substituted for the former mandatory phrase "shall be sentenced" more
accurately to reflect the discretionary minimum range for imprisonment
for a violation.
Also in subsection (b) of this section, the reference to a person who violates
this section being guilty "of the misdemeanor" of perjury is added to state
expressly that which was only implied in the former law. At common law,
perjury was a misdemeanor, although it was an "infamous crime" involving
moral turpitude, a crimen falsi, which disqualified a convicted person from
testifying in court. Garitee v. Bond, 102 Md. 379, 384 (1905); Hourie v.
State, 53 Md. App. 62 (1982); see, also, Murray v. State, 27 Md. App. 404,
408 (1975) (dicta). Also, in this State, any crime that was not considered a
felony at common law and has not been declared a felony by statute is
considered a misdemeanor. See State v. Canova, 278 Md. 483, 490 (1976);
Bowser v. State, 136 Md. 342, 354 (1920); Dutton v. State, 123 Md. 373, 378
(1914); and Williams v. State, 4 Md. App. 342, 347 (1968).
Subsection (c) of this section, derived from former Art. 27, § 437, is revised
as a rule for resolving contradictory statements for purposes of indictment
and conviction, for clarity.
In subsection (d) of this section, the reference to a violation being "subject
to § 5-106(b) of the Courts Article" is substituted for the former reference
to the violation subjecting the defendant to imprisonment "in the ...
penitentiary" for clarity and consistency within this article. See General
Revisor's Note to article.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (a)(4) of this section, it is not
clear whether the reference to an affidavit made to an officer of the
"government" refers only to the Maryland State government, or also to an
officer of the federal government, a local government, a bi-county or
multi-county unit, or even to an officer of the government of another state
taking an affidavit in Maryland. The General Assembly may wish to
address the scope of governments and their officers covered by this
provision.
Defined term: "Person" § 1-101
9-102. SUBORNATION OF PERJURY.
(A) PROHIBITED.
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