P. v. Ward CA6
A jury convicted defendant Alonzo Deval Ward of second degree robbery for pushing a man to the ground and taking his personal property. Defendant contends the trial court impeded his ability to present a misidentification defense by refusing to give a requested pinpoint instruction creating a presumption that a percipient witness not produced by the prosecution would have testified unfavorably to the prosecution. Because no evidence in the record indicates the prosecution knew of any percipient witnesses other than the two who testified at trial, we find no error in denying defendant’s request and will affirm the judgment.
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