Section 23.20 Assault and Homicide

• Library: Criminal Practice 2012 Supp

a. (§23.20) Assault and Homicide

Because the law presumes all persons to be of good character, evidence of the good character of the victim offered by the prosecution is not relevant until the defendant attacks the victim’s character. State v. Isa, 850 S.W.2d 876, 895 (Mo. banc 1993). The defendant, however, may prove that the victim bore the reputation of having a violent and turbulent disposition or character when self-defense is alleged, and such evidence, if the defendant knew of the victim’s reputation, must be admitted. State v. Duncan, 467 S.W.2d 866, 867 (Mo. 1971). If the defense introduces such evidence, the door is opened for the prosecution to introduce evidence of the victim’s peaceful character. State v. Gibson, 502 S.W.2d 310, 316 (Mo. 1973). In addition, if the defendant attacks the victim’s character, the prosecution may then introduce evidence of the defendant’s...