Section 26.26 Burden of Proof

• Library: Criminal Practice 2012 Supp

J. (§26.26) Burden of Proof

The defendant has the burden of proving the allegations in a motion for new trial. State v. Drake, 514 S.W.2d 653, 656 (Mo. App. S.D. 1974). Unverified allegations are not self-proving. State v. Hummel, 652 S.W.2d 749, 751 (Mo. App. E.D. 1983); State v. McMillin, 581 S.W.2d 612, 616 (Mo. App. S.D. 1979). Therefore, if an issue raised in the motion involves matters outside the record (such as newly discovered evidence), a defendant’s failure to supply some proof by affidavit or...