Section 25.9 Defendant’s Mental State

• Library: Criminal Practice 2012 Supp

c. (§25.9) Defendant’s Mental State

The state may argue that it does not have the burden of proving the defendant’s mental capacity or ability; mental elements of a crime are satisfied by showing the circumstances of the crime’s commission. State v. Gebhardt, 725 S.W.2d 628 (Mo. App. E.D. 1987). Further, the Court in Nicklasson v. State, 105 S.W.3d 482 (Mo. banc 2003), held that a prosecuting attorney’s statement...