Section 23.9 Destruction of Evidence

• Library: Criminal Practice 2012 Supp

5. (§23.9) Destruction of Evidence

Generally, the withholding, suppression, destruction, spoliation, or fabrication of evidence raises an unfavorable inference or presumption. Osborne v. Purdome, 250 S.W.2d 159, 162 (Mo. banc 1952). The accused’s destruction of evidence may justify a rebuttable presumption or inference by the jury that this evidence, if produced, would have been unfavorable to the accused, and any presumption flowing from this action is always against the accused.

Thus, evidence that an...