Joseph s/o Jacob v. R., Crim. App. 603-M-66; 19/1/67; Platt, J.

Joseph s/o Jacob v. R., Crim. App. 603-M-66; 19/1/67; Platt, J.

Appellant, convicted of theft, complained that his trial had not been public, but had been held in a trial magistrate’s home. The District Court summarily rejected his appeal.

            Held: (1) The District Court should have taken appellant’s affidavit and obtained a reply from the trial magistrate. (2) Since the magistrate had not responded to the High Court’s inquiry in a “reasonable” length of time, and since appellant had nearly completed his sentence, appeal was allowed without further inquiry.