California, United States of America
The following excerpt is from People v. Rowland, 21 Cal.App.3d 371, 98 Cal.Rptr. 419 (Cal. App. 1971):
His failure to call the five witnesses was undoubtedly a matter of trial tactics. The fact, if it were a fact, that defendant could prove that he was intoxicated 19 hours before his arrest and that he had visited the restroom would hardly account for his keeping the wallet so long. Moreover, the fact of his failure to disclose to his friends the finding of the wallet would do him more harm than any possible good that could come from their corroborating his alleged condition as to sobriety and his having been in the restroom. Defendant's inability to understand why his counsel did not call the five witnesses under the circumstances here cannot be a basis for inferring that his counsel was wrong. (See People v. Horner (1970) 9 Cal.App.3d 23, 87 Cal.Rptr. 917.)
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