California, United States of America
The following excerpt is from People v. Kobrin, 11 Cal.4th 416, 45 Cal.Rptr.2d 895, 903 P.2d 1027 (Cal. 1995):
In California, this court first formulated the "question of law/question of fact" dichotomy as it relates to perjury in People v. Lem You, supra, 97 Cal. 224, 228-229, 32 P. 11: "The question of the materiality of evidence, no matter when or how it may arise, is always one of law for the court, and not of fact for the jury. It usually arises in the ordinary trial of a cause, where one party offers evidence, and the other objects to it as immaterial; and in that case it would be clear to every one that the question was for the court. But the question is exactly the same when, on a trial for perjury, the materiality of the alleged false testimony arises.... And on a trial for perjury, it is the duty of the court to instruct the jury as to what facts would show material testimony. [Citations.]" Heretofore, a substantial majority of jurisdictions, both state and federal, have applied the same rule. 3
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