Section 23.12 Generally

• Library: Criminal Practice 2012 Supp

A. (§23.12) Generally

In Missouri, evidence relevant to any matter in issue should be admitted, State v. Sanderson, 528 S.W.2d 527, 531 (Mo. App. E.D. 1975), unless there is a particular rule or ground for its exclusion, State v. Medley, 232 S.W.2d 519, 524 (Mo. 1950), cert. denied, 340 U.S. 956 (1951), and a proper objection to its admission is made, State v. Papin, 386 S.W.2d 355, 359 (Mo. 1965). Evidence is relevant and material if it tends to prove or disprove a fact in issue or corroborates other relevant evidence. State v. Alexander, 875 S.W.2d 924, 928 (Mo. App. S.D. 1994); State v. Perkins, 753 S.W.2d 567, 575 (Mo. App. E.D. 1988). Relevant evidence tends to prove or disprove a fact that is of consequence. Ashby v. Johnson, 792 S.W.2d 7, 8 (Mo. App. E.D. 1990). Irrelevant evidence should be excluded, but the admission, even over objection, of evidence that is merely irrelevant or immaterial, but not prejudicial, does not constitute reversible error. State v. Walden, 490 S.W.2d 391, 393 (Mo. App. E.D. 1973). Further, evidence is not to be excluded even if it is irrelevant and prejudicial if it is so interwoven with relevant evidence as to make the introduction of the latter...