Uncalled Witnesses — Equally Available to Both Sides
There are people whose names you heard during the course of the trial but did not appear
to testify. I instruct you that each party had an equal opportunity or lack of opportunity to call
any of these witnesses. Therefore, you should not draw any inferences or reach any conclusions
as to what they would have testified to had they been called. Their absence should not affect your
judgment in any way.
In a criminal case, however, the law does not impose on the defendant the burden or duty
of calling any witnesses or producing any evidence.
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