Section 25.6 Defendant’s Testimony

• Library: Criminal Practice 2012 Supp

a. (§25.6) Defendant’s Testimony

A defendant who does testify is subject to cross-examination as is any other witness. When a defendant does testify, a defendant’s failure to testify regarding a specific fact in issue is a legitimate topic for comment by the state. State v. Hood, 313 S.W.2d 661 (Mo. 1958); State v. Stidham, 305 S.W.2d 7 (Mo. 1957). For example, if a witness testifies that he saw the defendant wiping blood from his hands 30 minutes after the stabbing death of the victim and the defendant...