Appeal Court. 10th Aug., 1938. Appeal from conviction by High Court.

Murder contra. sec .• 319 of Criminal Code-Weight of evidence ­identification by an unsworn witness.

Held: Such identification was incorrect but there being no miscarriage

of justice thereby the appeals are dismissed.

There is no need to set out the facts. C. N. S. Pollard for Crown., Appellants in person.

The following joint judgment was delivered:-

KINGDON, C.J., NIGERIA, CAREY AND GRAHAM PAUL, JJ.

In this case the trial Judge certified it as a fit case for appeal on the following grounds:-

1.        Whether the Court was correct in allowing, at the view of the locus in quo, a witness to point to a particular site before he had given evidence in Court.

2.        Whether the finding was against the weight of evidence.

As to the first, we are of. opinion that the procedure was not correct and that the persons who pointed things out should have been sworn as witnesses before being allowed to do so. That could have been done on the spot, if necessary . We are however of opinion that no substantial miscarriage of justice occurred on account of this incorrect. procedure, and consequently do not allow the appeal on that ground.

As to the second, we are of opinion that the finding was not against the weight of evidence.

The appeals of both appellants are dismissed.