Section 30.8 Defendant’s Prior Testimony

• Library: Criminal Practice 2012 Supp

2. (§30.8) Defendant’s Prior Testimony

Generally, testimony by a defendant at a former trial is admissible at a subsequent trial as either an admission or a contradiction. Rodden v. State, 795 S.W.2d 393, 396 (Mo. banc 1990); State v. Speyer, 106 S.W. 505 (Mo. 1907). Even if the statement is not an admission of guilt, it may be used to establish some fact in the case. State v. Thomas, 1 S.W.2d 157 (Mo. 1927).

The defendant’s prior trial testimony, however, will not be admissible against the defendant when...