Section 10.29 Hearsay

• Library: Criminal Practice 2012 Supp

J. (§10.29) Hearsay

The Degraffenreid rule prohibited a third party from testifying as to hearsay identification of the defendant by the victim. State v. Degraffenreid, 477 S.W.2d 57 (Mo. banc 1972).

The underlying concern appears to have been not so much the hearsay quality of the testimony, but the fact that it was employed for the purpose of unprovoked bolstering of the identifying witness’s testimony. State v. Cook, 628 S.W.2d 657, 659 (Mo. banc 1982).

The Degraffenreid rule rarely resulted in...