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Mwita s/o Marwa v. R., Crim. App. 326-M-67; 12/7/67; Cross, J.
Accused was convicted of stealing a cow. (P. C. s. 311(1). ) In his judgment, the trial magistrate said of the testimony of two important prosecution witnesses, “It appears that what P.W.4 and P.W. 5 say could reasonably be true. “
Held; The statement plainly suggests that the magistrate applied a lower standard of proof to the prosecution evidence than the criminal law requires. The conviction was quashed.
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