Delaware Code Title 11. Crimes and Criminal Procedure § 1225. Inconsistent statements under oath;  no need to prove one false;  framing indictment;  proof of irreconcilable inconsistency;  conviction of lesser offense

(1) The indictment or information may set forth the 2 statements and, without designating either, charge that 1 of them is false and perjurious.

(2) The falsity of one or the other of the 2 statements may be established by proof of their irreconcilable inconsistency.  Such proof is sufficient to establish a prima facie case of falsity.

(3) If perjury of different degrees would be established by the making of the 2 statements, hypothetically assuming that each is false and perjurious, the defendant may be convicted of the lesser degree at most.