Section 23.24 Alibi
| Library | Criminal Practice 2012 Supp |
B. (§23.24) Alibi
The defense of “alibi” is that the defendant was at a different place than where the alleged crime was committed. State v. Miner, 639 S.W.2d 569, 571 (Mo. 1982). Alibi is not a true defense because when the presence of the defendant at the place and time of the commission of the crime is essential to guilt, the burden is always on the prosecution to prove the defendant’s presence beyond a reasonable doubt. State v. Phegley, 826 S.W.2d 348, 355 (Mo. App. W.D. 1992).
Rule 25.05(A)(5)...
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