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"A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime."
The doctrine of unclean hands is limited to ?misconduct connected with the particular matter in litigation; and does not extend to any misconduct, however gross, which is unconnected therewith, and with which [the opposing party] is not concerned.? Chappell v.
2.12 Missing Witness If it is peculiarly within the power of the government to produce a witness who could give material testimony, or if the witness would be favorably disposed to the government, failure to call that witness may justify an inference that [his/her] testimony would be unfavorable to the government.
At the request of a party the court shall order witnesses, including rebuttal witnesses, excluded at trial or other adjudicatory hearing. In the court's discretion, the requested sequestration may be effective before voir dire, but in any event shall be effective before opening statements.
Section 133 of the Indian Evidence Act says that an accomplice shall be a competent witness as against the accused person and a conviction the accused based on the testimony of an accomplice is valid even though it is not corroborated in material particulars.
The missing-witness rule as established in Graves is a broad version of the rule that remains largely intact today: If one party has a witness within its control and the witness has material evidence, failure to produce the witness and provide the evidence "creates the presumption that the testimony, if produced, would ...
(3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned. (b) A violation of this section is a Class D felony.
The missing witness rule may apply when the evidence shows that a witness who was not called to testify knew about material facts, had a relationship with the party ?that would naturally incline the witness to favor the party,? and the witness was available to the process of the court.