Section 23.34 Instruments and Devices Used in Commission of Crime

• Library: Criminal Practice 2012 Supp

E. (§23.34) Instruments and Devices Used in Commission of Crime

Physical objects allegedly used in the commission of a crime must meet tests of relevancy, materiality, and probative value. State v. Hicks, 515 S.W.2d 518, 523 (Mo. 1974). Chain of custody of physical evidence is irrelevant when an exhibit is positively identified. State v. Ingram, 607 S.W.2d 438, 441 (Mo. 1980); State v. Gasaway, 720 S.W.2d 3, 5 (Mo. App. W.D. 1986). Weapons of the defendant unrelated to the offense are not admissible. State v. Perry, 689 S.W.2d 123, 125 (Mo. App. W.D. 1985); State v. Reyes, 740 S.W.2d 257...