Prior inconsistent statement may be admissible in criminal cases as substantive evidence
If someone testifies in a criminal trial and what they say does not match something they said before, that earlier statement can be used as real evidence in the case. The side that brings up the old statement is allowed to argue that the old statement is the true one.
491.074. may be in as . — any other of law to the contrary, a prior inconsistent statement of any testifying in the trial of a criminal shall be received as substantive evidence, and the offering the prior inconsistent statement may argue the truth of such statement.
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Source & history notes
(L. 1985 H.B. 366, et al., A.L. 2000 S.B. 757 & 602) (1987) The term "prior inconsistent statements" as used in this section has the same meaning as judicial definitions of such term before effective date of this section. State v. Dunn, 731 S.W.2d 297 (Mo.App.W.D.).
Related Missouri laws
Statement of child under eighteen or vulnerable person admissible, when
RSMo 491.075
Juvenile court adjudication, use to affect credibility
RSMo 491.078
Cross-examination of witnesses
RSMo 491.070
Testimony of witness not to be used to convict him of fraud
RSMo 491.080
Informants, disclosure requirements
RSMo 491.065
Persons incompetent to testify
RSMo 491.060
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.