XXXVIII
Defendant requests your Honor to charge that the failure of the commonwealth to call as witnesses Drs. Maybon and Palmer, who made examinations of the defendant, to testify as to his mental condition, raises the inference that if they had been called as witnesses, they would have testified adversely to the commonwealth in respect to the defendant’s mental condition.
XXXIX
Defendant requests your Honor to charge that from the failure of the commonwealth to call as witnesses Drs. Maybon and Palmer, who examined the defendant, the jury may infer that they would have testified that the defendant was a high-grade imbecile who was laboring under such defect of reason as not to know the nature and quality of the act of which he is charged in the indictment or not to know the act was wrong at the time it was committed.
XL
Defendant requests your Honor to charge that from the failure of the commonwealth to call as witnesses Drs. Maybon and Palmer, the jury may infer that had they been called they would have testified unfavorably and adversely to the commonwealth, especially in the absence of any explanation made under oath as to why they were not called.
XLI
Defendant requests your Honor to charge that if the jury acquit the defendant on the ground of insanity, in that event the jury should specify in its verdict that it acquits him on the ground of insanity.
XLII