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eBook details

• Title: State Missouri v. Mason Walker
• Author : En Banc Supreme Court of Missouri
• Release Date : January 06, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Appellant was convicted of first degree robbery in violation of § 560.120, RSMo 1969, and sentenced to a five year term of imprisonment pursuant to § 560.135, RSMo Supp. 1975. On appeal, the Missouri Court of Appeals, Eastern District, reversed his conviction and remanded the case for a new trial in light of State v. Biddle, 599 S.W.2d 182 (Mo. banc 1980), where we held evidence of polygraph examinations to be inadmissible in a criminal trial. On motion of the state, the court of appeals ordered the case transferred to this Court ""for the purpose of determining whether the holding of State v. Biddle, . . . shall be applied retroactively or prospectively only."" Rule 83.02. While we may, but are not required to, review as on original appeal, Mo. Const. art. V, § 10, we here decide only that Biddle shall be applied prospectively and retransfer the cause to the Missouri Court of Appeals, Eastern District, for issuance of its opinion and mandate consistent with and supplementing this opinion. In State v. Biddle, 599 S.W.2d 182 (Mo. banc 1980), we held evidence of polygraph examinations to be inadmissible in criminal trials. Prior to Biddle the results of polygraph examinations could be admitted into evidence if the parties had voluntarily stipulated to that effect. 1 Thus, Biddle changed the law of Missouri relating to the admission of polygraph evidence.

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