A trial judge who makes observations or directions suggesting the accused should have called a particular witness, or who tells the jury they have only heard 'partial truth' because a witness was not called by either party, commits appellable error. In such circumstances, the judge must direct the jury not to speculate about what evidence the uncalled witness might have given. Out-of-court statements offered to prove the listener's state of knowledge (rather than the truth of the statements) are not hearsay and are admissible.
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