Can a failure to call a material and important witness be considered by the jury?

California, United States of America


The following excerpt is from People v. Chandler, 17 Cal.App.3d 798, 95 Cal.Rptr. 146 (Cal. App. 1971):

Failure to call a material and important witness can be considered by the jury and commented upon by the prosecuting attorney. (People v. Coleman, 71 Cal.2d 1159, 80 Cal.Rptr. 920, 459 P.2d 248.)

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