N.C.P.I.—Crim. 228.10

The defendant has been charged with perjury.

For you to find the defendant guilty of this offense, the State must

prove five things beyond a reasonable doubt:

First, that the defendant testified 1 at (describe proceedings, e.g.,

"the trial of John Jones in Wake County Superior Court for burglary").

Second, that at that time the defendant was under [oath]

[affirmation].

Third, that the testimony was false. In order to find that the

testimony was false, the State must satisfy you of its falsity beyond a

reasonable doubt by the testimony of [two witnesses, each of whom you

must find to be believable] (or) [a witness plus other supporting

evidence, all of which you must find to be believable].2

Fourth, that the testimony was material,3 that is, that it tended to

mislead the [jury] [court]4 in regard to a significant issue of fact.

Testimony is material when it is so connected with the fact directly in

issue as to have a legitimate tendency to prove or disprove such fact.5

And Fifth, that the defendant acted willfully and corruptly, that is,

made the false statement knowingly, purposely and designedly.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant, while under [oath] [affirmation],

willfully and corruptly testified that (describe testimony), that this

testimony was material, and further find beyond a reasonable doubt from

the testimony of [two believable witnesses] (or) [a believable witness

plus other believable supporting evidence]6 that the defendant's

testimony was false, it would be your duty to return a verdict of guilty. If

you do not so find or have a reasonable doubt as to one or more of these

things, it would be your duty to return a verdict of not guilty.

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

_________________COUNTY SUPERIOR COURT DIVISION

STATE OF NORTH CAROLINA)

)

) SPECIAL VERDICT

v. )

) AS TO JURISDICTION

)

_____________________ )

Defendant

We the jury return the unanimous special verdict as follows:

_______ North Carolina HAS jurisdiction to try the

defendant

_______ North Carolina DOES NOT have jurisdiction to try

the defendant.

This ____ day of ___________, 19__.

___________________________(signature)

Foreman of Jury