19830829 TZHC Mbeya

IN THE ETIGH C UhT OF T JI AaW 6~d~ ailELTi JU1JSDIOTIO3J. .ioeya Jkeistry) C:mJiLL ILL I 48 OF 1902 Oi1G-IN.L.L CRThilNal CSlD Nu. 73 0I 1981 OF TH DIPILIGT (]CUT OF LUlINDI iJISnIiICT iiT iUUThDI B fore: S. :Lazro, Lsq. District Nagistate. JiiTH s/o OHNJY3 .. ................ ...1ELLed'T VJiSU3 THE flEOUBLIU....., ................... ONDLNT . OEAIiGE4 3a'g1azy c/ 2 (i) of th lena]. CJCIE , Ca 16 d Ct: Stoalind c/s. 265 of the 1 ena1 Code, Cap.16.. JUDUfllU The ajpei1aet nas cLai eJ ;itN barr and s'tediinU. It was in evidence 1hat durdn the ni'ht of 30/5/80 the coeijCaiiiant's house was brken into and her record piaer and ten records were Atolon. On 10j6/8 the. appellant's house wns searched and a total of 18 records and a reco1d player were foun(IL. The 00111 1 aanant 1 tflt1f1Ld. onl out of 18 recorda. -I She lid not claac th 1 yer as hors Tho a 1ipeala iO s chor d ed In his denoe he dnitted that the 5 rec VL - aCntafied. j the cor i1ainant were found in his house He aac. they wer. is o .n Th. trial court conviete him and sentenced him to three and one iears COhCUnTGIYt .j.i1. ter. He appealed to this court. The question was the identificaticn of the fiverecords found in appellant's possession The corlainant had satis:. i ed the court that the T records were hois. San had IcarkL th11r eliz es v 1 hr ni e and the court verified this do not see any soint an the cppt arent. The appeal is dismissed in its entirety. At Lbeya, F 29th uBust, 181 3 J1JDG