Section 23.15 Incriminating Others

• Library: Criminal Practice 2012 Supp

3. (§23.15) Incriminating Others

Evidence that someone other than the defendant had the opportunity to commit the charged offense, or had motive to do so, is not admissible absent proof that the other person “committed some act directly connecting him with the crime.” State v. Wise, 879 S.W.2d 494, 510 (Mo. banc 1994) (quoting State v. Schaal, 806 S.W.2d 659, 669 (Mo. banc 1991), cert. denied, 502 U.S. 1075 (1992)); State v. Easley, 662 S.W.2d 248, 251–52 (Mo. banc 1983). Evidence that another had opportunity or motive to commit the offense is not relevant, without more, to any issue. Wise, 879 S.W.2d at 511. “Because of the high tendency of...