# 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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