WPIC 5.01

NO. _____

Evidence may be either direct or circumstantial. Direct evidence is that given by a witness who testifies concerning facts which he or she has directly observed or perceived thought the senses. Circumstantial evidence consists of proof of facts or circumstances which, according to common experience permit a reasonable inference that other facts existed or did not exist. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. One is not necessarily more or less valuable than the other.

State v. Tucker, 32 Wn.App. 83, 645 P.2d 711 (1982)

WPIC 5.20 Modified

NO. _____

If the prosecution does not produce the testimony of a witness who is within the control of the prosecution, and as a matter of reasonable probability it appears naturally in the interest of the prosecution to produce the witness, and if the prosecution fails to satisfactorily explain why it has not called the witness, you may infer that the testimony which the witness would have given would have been unfavorable to the prosecution, if you believe such inference is warranted under all the circumstances of the case.

State v. Davis, 73 Wn.2d 271, 438 P.2d 185 (1968)