DOMENA V. COMMISSIONER OF POLICE

OLLENNU J.S.C.

This is an appeal from a judgment of Acolatse J., as he then was, upholding the convictions of, and sentences passed upon the appellant by the District Magistrate, Somanya. The convictions and sentences are in respect of three counts of stealing. The subject of the alleged offence is three turkeys in the first and one turkey in each of the other two counts.

When the appeal from the decision of the district magistrate came before the High Court on 5 June 1963, the learned judge formed the opinion that it was not a matter which should be dismissed summarily as he is empowered to do under section 328 of the Criminal Procedure Code, 19601; he therefore caused notice to be given to the Attorney-General as provided by section 329 of the said Criminal Procedure Code, 1960. The appeal came before the court again on 1 November 1963, the appellant appearing in person, the respondent represented by a state attorney. After hearing submissions by the appellant, the High Court dismiss…