Section 23.84 Co-Conspirator’s Statements

• Library: Criminal Practice 2012 Supp

N. (§23.84) Co-Conspirator’s Statements

An out-of-court declaration of one conspirator made during the conspiracy is admissible in evidence against co-conspirators if it is relevant and in furtherance of the conspiracy even if the defendant was not present and had no knowledge of the statement. State v. Cornman, 695 S.W.2d 443, 446 (Mo. banc 1985). If the statements are admissible under this exception to the hearsay rule, the use of those statements does not deprive an accused of the right to confront witnesses against the accused. State v. Newberry, 605 S.W.2d 117, 125 (Mo. 1980).

If the statement was made before the formation of the conspiracy, or after the consummation of the purpose for it, it is inadmissible. State v. Chernick, 278 S.W.2d 741, 748 (Mo. 1955); State v. Rayner, 549 S.W.2d 128, 131 (Mo. App. W.D. 1977). After the termination of the conspiracy, out-of-court statements made by a co-conspirator are inadmissible against other co-conspirators. State v. Jennings, 815 S.W.2d 434, 442 (Mo. App. E.D. 1991); State v. Clevenger, 733 S.W.2d 782, 784 (Mo. App. S.D. 1987). Thus, it is impermissible for a sheriff to testify that, after talking to a co-conspirator, the defendant was arrested, State v. Johnson, 538 S.W.2d 73, 77 (Mo. App. S.D. 1976), or for a prosecuting attorney to state that, after conversation with an alleged co-conspirator of the defendant, a warrant...