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Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 490

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  490.220.  Office records of the United States or sister state. — All records and exemplifications of office books, kept in any public office of the United States, or of a sister state, not appertaining to a court, shall be evidence in this state, if attested by the keeper of said record or books, and the seal of his office, if there be a seal.

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(RSMo 1939 § 1825)

Prior revisions: 1929 § 1661; 1919 § 5348; 1909 § 6293

(1956) Death certificate of sister state has same value as if issued in this state if required by law to be made in manner similar to that required by the laws of this state, and it is therefore prima facie evidence of facts stated in it. Lynde v. Western & Southern Life Ins. Co. (A.), 293 S.W.2d 147.

(1956) Where records of penitentiaries were certified by proper officials under 28 U.S.C.A. §§ 1738 and 1739, they were admissible to show defendant's incarceration and release.  State v. Ash (Mo.), 296 S.W.2d 41.

(1963) In absence of proof which established senior record clerk to be keeper of records within meaning of this section, exhibits purporting to show defendant's confinement in Kentucky penitentiary and attested by senior records clerk of the penitentiary were not admissible in prosecution wherein defendant was charged under habitual criminal statute. State v. Young (Mo.), 366 S.W.2d 386.

(1972) Recital in certificate to a copy of document as to official character of the officer as the legal custodian of it is prima facie proof of that fact, and it is unnecessary to call witnesses to prove identity of custodian or his signature and burden of rebutting the presumption is on one contesting it.  Such certification held sufficient to comply with this section against contention that there was no proof that the records were kept in any public office of sister state. State v. Brown (Mo.), 476 S.W.2d 519.


---- end of effective   28 Aug 1939 ----

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