Section 23.39 Other Exceptions

• Library: Criminal Practice 2012 Supp

B. (§23.39) Other Exceptions

In cases involving fraud or false pretenses, evidence of prior and subsequent crimes may be admitted because the required mental states must ordinarily be shown by circumstantial evidence. State v. Shaw, 847 S.W.2d 768, 778 (Mo. banc 1993). Other exceptions to the “other crimes” rule include the following:

To show the defendant’s knowledge. State v. Cheesebrew, 575 S.W.2d 218, 222–23 (Mo. App. E.D. 1978) (possession of marijuana on an earlier date); State v. Flenoid, 838 S.W.2d 462, 469 (Mo. App. E.D. 1992) (defendant charged with possession of cocaine, testified, and was impeached with prior drug convictions, most not involving cocaine; state used the convictions as evidence of guilt). But see State v. Beck, 745 S.W.2d 205, 208–09 (Mo. App. E.D. 1987) (reversible error in possession of marijuana case to imply that marijuana was packaged for sale); State v. Collins, 669 S.W.2d 933, 935–36 (Mo. banc 1984) (reversible error in a sale of marijuana case to...