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e IN THE HIGH COURT OF TANZANIA AT ARUSHA APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NQa 152/153 OF 1971 ORIGINAL CRIMINAL CASE NO. 63 OF 1970 OF THE DISTRICT • COURT OF KOROG!E DIUTRIC.T AT KQROGRID .Befo:ce J.S. Mwami Esq., District Magistrate ADArLtJ SINGANO ..... . . . .. . APPELLAPT/ACCUbED NQ. 5TH f.AO.A-D - ; -- • . THE REPUBLIC ......................... HESPONDENT/PROZICUTOR CHRGE: Cattle Theft contrary to sect: on 268 of tue Penal Code Cap. 16 Vol. 1 of the Revised Law. JUB0HBNT PATEL, Ag. J. - The theo appellants were convicted of cattle theft ) contrary to section 268 before the District Court at Same. In tills memorandum of aopeal it is submitted that the goats in question belonged to the appellants themselves and were not the property of the complai- nant. The learned State Attorney submitted that this is a le ground of appeal as at no time during the trial or before, any of the appellant idertified the goats in questions whore as the complainant identified the goats by giving detailed marks of identitY, and to the entire satisfaction of the trial magistrate, going through the record is clear that the complainant did indeed describe, in detail the special marks of identity and the trial magistrate was satisfied with such identification. As it is there is more than enought evidence on record to prove conclusively the guilt of the appellants. The trial magistrate tried the case with extreme care and there is nothing in hi's finding or in athe memorandum of appeal that will make me reverse the finding of the trial magistrate. T he. is no merit in any of the appeal. and there are dismissed in this entirely. I (: fl Arasha (J.B; PATEL) AG. 3 U B G B jam , -' 1'