Is there an error in the prosecutor's comment about the failure of appellant to call his father as a witness?

MultiRegion, United States of America

The following excerpt is from United States v. Welp, 446 F.2d 867 (9th Cir. 1971):

There was no error in the prosecutor's comment about the failure of appellant to call his father as a witness. The father was in court during the trial. Appellant's statement to the Nebraska police that packets of currency found in his automobile were proceeds of a loan from his father was in evidence. Appellant called four other witnesses upon his behalf. His failure to call his father as a witness to corroborate the explanation that he had given to the police permitted an inference that the father's testimony would have been unfavorable. The prosecutor's comment to the jury did not go beyond suggesting that inference to the jury. (Cf. Wynn v. United States (1967), 130 U.S.App.D.C. 60, 397 F.2d 621.)

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