UJI 14-5014 NMRA
UJI 14-5014. Failure of the state to call a witness.
Length: 69 wordsOfficial source
If a witness whose testimony would have been material on an issue in the case was
peculiarly available to the state and was not introduced by the state and the absence of
that witness has not been sufficiently accounted for or explained, then you may, if you
deem it appropriate, infer that the testimony by that witness would have been
unfavorable to the state and favorable to the accused.