Section 23.71 Proof That the Statement Was Made

• Library: Criminal Practice 2012 Supp

A. (§23.71) Proof That the Statement Was Made

Extrajudicial statements that would otherwise be excluded as hearsay if introduced to prove the truth of the matter contained in them are admissible if offered only as circumstantial evidence or relevant facts:

to show reasons for a person’s conduct, Bond v. Wabash R.R. Co., 363 S.W.2d 1, 5 (Mo. 1962);

to show intent, State v. Singh, 586 S.W.2d 410, 418 (Mo. App. S.D. 1979);

to prove good faith, Moore v. Metro. Life Ins. Co., 237 S.W.2d 210, 212 (Mo. App. E.D. 1951);

to prove the fact that the statement was made, State v. Chambers, 891 S.W.2d 93, 104 (Mo. banc 1994);

for impeachment purposes to show bias, Massman v. Muehlebach, 95 S.W.2d 808, 810–12 (Mo. App. W.D. 1936);

to show notice or...