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Omari s/o Mwendifwa v. R., (PC) Crim. App. 106-D-67, 7/8/67, Georges C.J



Omari s/o Mwendifwa v. R., (PC) Crim. App. 106-D-67, 7/8/67, Georges C.J

Accused was convicted of cattle theft. The record did not show that he was told of his right to cross-examine the prosecution witnesses, nor that he asked any question, nor that he stated specifically that he had no questions to ask.

            Held: Where the record does not show that the accused was allowed to question those testifying against him, the trial is a nullity. Conviction quashed; re-trial ordered.

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