State v. Paige

Summary

The court held that the defendant did not waive her preserved challenge to a jury instruction that removed materiality from the jury's consideration in her perjury trial. Because materiality is an element that the jury must decide, the erroneous instruction required reversal of the perjury conviction and a new trial on that count, while the remainder of the judgment was affirmed. The court expressly overruled the prior rule treating materiality as a question for the court.