Section 14.23 Burden of Proof

• Library: App Ct Prac 2015 Supp

D. (§14.23) Burden of Proof

The burden of proof is on the state (or the private relator) to prove its case by a preponderance of the evidence, as in other civil cases. Even in cases involving forfeiture by misconduct, this is the measure of the burden of proof. State ex inf. Ashcroft v. Alexander, 673 S.W.2d 36, 38 (Mo. banc 1984). Even though the acts of misconduct charged are criminal in nature, the state is not required to prove its case beyond a reasonable doubt, as in criminal prosecutions. State on inf. Connett v. Madget, 297 S.W.2d 416 (Mo. banc 1956). Likewise, the state is not required to disprove every reasonable hypothesis...