If prosecutors mention the name of a particular witness and the testimony they expect from that witness, and this individual does not appear, the judge may rule the statement was prejudicial toward the accused and subsequently set aside any verdict of guilt.

Question

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If a witness is mentioned but does not testify, it can be seen as prejudicial because the defense cannot cross-examine the witness, potentially influencing the jury unfairly.

If Prosecutors Mention the Name of a Particular Witness and the Testimony