Section 17.48 Criminal Cases

• Library: Evidence 2017

B. (§17.48) Criminal Cases

The rule is quite similar in criminal cases, with the exception that it is not expressly guided by statute. Generally, expert witnesses may testify as to their opinion regarding an ultimate issue in a criminal case as long as they express no opinion on the guilt or innocence of the defendant. State v. Taylor, 663 S.W.2d 235, 239 (Mo. banc 1984) (citing State v. Paglino, 319 S.W.2d 613 (Mo. 1958)). “‘[A]n expert may testify concerning his or her opinion on an ultimate issue, but the testimony must aid the jury and not invade the jury’s province.’” Brown v. State, 450 S.W.3d 847, 853 (Mo. App. S.D. 2014)...