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05/31/73 STATE NEW HAMPSHIRE v. ROBERT P. KELLY

May 31, 1973

STATE OF NEW HAMPSHIRE
v.
ROBERT P. KELLY



SYLLABUS BY THE COURT

1. A criminal defendant is not obliged to call any witness or put in any evidence.

2. A criminal defendant's decision not to testify in his own defense can provide no basis for an adverse inference or comment by the prosecutor.

3. Although generally a failure of either party in a criminal case to call a witness equally available to both parties cannot be a basis for an inference favorable to one party over the other, when a criminal defendant testifies in his behalf attempting to establish an alibi by identifying a potential witness who could corroborate the alibi, the State may properly comment upon the defendant's failure to call such a witness, particularly when the witness is so related to the defendant that ...


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