Robinson v. State

McAULIFFE, Judge.

The defendant in a criminal trial did not produce a witness whose identity was known only to him, and who, according to the defendant, could give testimony that would tend to exonerate him. The trial judge instructed the jury that they could find that because the defendant failed to produce the witness, the witness’s testimony would have *312been unfavorable to the defendant. The defendant contends the “missing witness” instruction should not have been given because it was more likely than not that the witness, even if called, would not have testified because of a legitimate fear…