dissenting.
The majority agrees that the unmasked mug shots were erroneously admitted into evidence. However, they argue that in light of the overwhelming evidence against the defendant, the resulting error was harmless. I respectfully dissent on this point. The erroneous admission of evidence is presumed prejudicial and may not be considered harmless unless it is so beyond a reasonable doubt. State v. Miller, 650 S.W.2d 619 (Mo. banc 1983). Here, there is no doubt that the admitted evidence suggested prior criminal activity. The two pages of the police ledger book included six photographs (mug shots), one of which was the defendant. Each photograph contained: (1) front and side profile; (2) the words “St. Louis Police Department;” and (3) an identification number. More specifically, defendant’s photograph (mug shot) contained:
ST. LOUIS METRO. P.D.
158464
DATE: 01 20 84
NAME: MOTLEY BRUCE E.
AGE HEIGHT WEIGHT HAIR EYES
29 71 145 Black Brown
The rule is well established that criminal defendants have a right to be tried only for the offense for which they are charged. State v. Williams, 652 S.W.2d 102, 110 (Mo. banc 1983). Thus, evidence of other crimes is inadmissible unless: (1) such evidence tends to establish the defendant’s guilt in the crime for which he stands trial (i.e. motive, intent, identification, absence of mistake or accident, common scheme), see State v. Trimble, 638 S.W.2d 726 (Mo. banc 1982); or (2) the defendant has taken the stand or otherwise placed his character in issue.
The case at bar is clearly distinguishable from those cases where the admissibility of mug shots has been approved. In State v. Futrell, 565 S.W.2d 465, 467 (Mo.App.1978), the incriminating police data on the mug shots were removed. In State v. Childers, 313 S.W.2d 728, 731 (Mo.1958), only numbers appeared on the bottom of the photographs. In State v. Cook, 637 S.W.2d 110 (Mo.App.1982), the mug shots were only briefly revealed when the prosecutor’s file was momentarily left open on the counsel table. Additionally, there was no indication that any juror even saw the mug shots or that this had any affect on any juror. In State v. Jones, 531 S.W.2d 67, 73 (Mo.App.1975), defendant took the stand and admitted on direct examination that he had previously committed a felony.
In the instant case, no attempt was made to cover up the inculpatory information. The mug shot contained not only defendant’s picture, but five others each containing inculpatory information. The impact of this evidence was further enhanced by the prosecuting attorney’s remarks during *320closing argument. The prosecutor emphasized that people who have been arrested before are placed in the book which contained the mug shots. The jury was then allowed to view the photographs during deliberation. It is highly unlikely in this instance, that defendant’s prior criminal activity was not impressed upon the minds of the jurors. Additionally, although the defendant presented alibi witnesses, he never took the stand and never placed his character in issue.
In State v. Brown, 670 S.W.2d 140, 141 (Mo.App.1984), we noted that caution should be exercised regarding erroneously admitted evidence of other crimes because of its tendency to cause an improper presumption of guilt in the minds of the jurors. In the instant case the majority relies on State v. Beasley, 731 S.W.2d 255, to justify its position. In Beasley, leaves were found in an overnight bag admitted into evidence, supporting defendant’s guilt in another crime. The presence of the incriminating evidence was unknown until a few jurors mentioned it to the prosecuting attorney after the verdict had been rendered. The presence of the evidence was immediately brought to the court’s attention. The admission of this evidence was found harmless only after the judge conducted a special voir dire and all of the jurors, polled individually, stated that the leaves in no way influenced their decision. Id. at 257.
Additionally, in Beasley we stated the rule that: “[gjenerally, placing evidence before the jury of other crimes committed by a defendant constitutes prejudicial error. Osborne v. United States, 351 F.2d 111, 115 (8th Cir.1965), and to declare such an error harmless, the court must be satisfied beyond a reasonable doubt that the error did not contribute to the defendant’s conviction citing United States v. Bishop, 492 F.2d 1361, 1365 (8th Cir.1974), cert. denied, 419 U.S. 833, 95 S.Ct. 59, 42 L.Ed.2d 59. (emphasis added)”
In the instant case, the majority failed to recognize that both the state and the defendant presented witnesses. The defendant’s witnesses testified that defendant was at another place at the time of the offense. Where contrary evidence is presented, the decision turns on the credibility of witnesses. Thus, we must carefully consider whether the erroneously admitted evidence tipped the scales against the defendant. Where erroneously admitted evidence relates to a defendant’s prior criminal activity, such information very likely effects the credibility of his defense.
In the instant case, the information on the mug shots clearly suggested prior criminal activity. The information had absolutely no probative value or relevance to the crime for which the defendant was convicted. In State v. Perry, 689 S.W.2d 123, 126 (Mo.App.1985), we held that evidence erroneously admitted by virtue of its inherent prejudicial nature and lack of relevancy, coupled with the state’s advert reference to it before the jury to obtain defendant’s conviction, dispels any credence to the state’s argument that any error associated therewith is harmless. Furthermore, we cannot be sure beyond a reasonable doubt that the jury disregarded or was not influenced by the inculpatory information.
For the foregoing reasons, I would reverse and remand for a new trial.