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IN VIE hIGH COIJT OF TNZ.NIA LLATRD1CTI0i (i ocya Ie.ry) UiVlINJ4 A1PEAL N045 OP 1961 ORIGINL C -IqIML- AL CASE, NO. 166 01 1980 91 OP THE DIICT COJRT OP TUKJYtJ DIT:c1 AT TUKYtJ Be±or: J. Mushdkorwa, District. Juagistrate. JC.dN J.iUdPi.NI ............ .......... .APPELL..JT VHRiJS THEREPUBLIC •....
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- Citation
- N
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1980
- Source Language
- en
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IN VIE hIGH COIJT OF TNZ.NIA LLATRD1CTI0i (i ocya Ie.ry) UiVlINJ4 A1PEAL N045 OP 1961 ORIGINL C -IqIML- AL CASE, NO. 166 01 1980 91 OP THE DIICT COJRT OP TUKJYtJ DIT:c1 AT TUKYtJ Be±or: J. Mushdkorwa, District. Juagistrate. JC.dN J.iUdPi.NI ............ .......... .APPELL..JT VHRiJS THEREPUBLIC •. ........................... BEh2bND1T CHARG41 1s..urit.; House breakin. e/s.294 () of the PnäJ. Oode, 2nd Count: Stealing c/si 265 of the Penal Cod.e Cap.16. Jukcl.•cT MTJI'YEBA, he appellant was chared with house brealng and stealing. .Oi 11/10/80 the coim:latinnt (1).1 ) 1ft his house at a.m. and went on his job. He locked, the door and windows and hi.. the ky somewhere in the kitchenb he returned in the ".er1ing and foan.d ike cy missing from where he left 1t he had to break the dcr. On eat 2lna Ia. found his radio, record player and. a natreos ninakig He report el matter. Meanwhile people there susu'eted the ani el...ant and his yosnr brother (2nd Accused). Both were searced. h In the a1.pcanis r am thr und ih a record player which the 60mplalnarit identil.........' his. Re v; .. .axged.. In his defence he 18tated that the :layer wan b'u51t to hiu by hL brotIee (2tid. Aocused) with 'a request to find a bayer. - rothan d.'er5ie.. ti_s 15 fact, The •tappellant and his 'brother were . nvic±eJ ea. 'eatm,.cea 'to 3 years and 1 year condUwfrent jail terias. lIe i..ecaied. • There was over±Leiri'g uv:L . that the arpL. eat was found in pss-ession of the coanlainanc"r record player stean that .se day. The dtrine 01' Vecerit possessloc 'v .. rightly a'-Li .•l. The sent eacec were in order. The appeal is nis.el med ....:i3 tanet3 . At Mbeya •30ti_ 1,