The court dismissed a murder appeal, holding that a defective information was not fatal, the confession issues caused no prejudice, and insanity was not proved.
Rex v Muriemoi (Cr. App. No. 140 of 1938) [1938] EACA 154 (1 January 1938)
Court
East African Court of Appeal
Case number
Cr. App. No. 140 of 1938
Judge
Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ
The Court held that the statement made by the appellant to the magistrate was admissible as a confession. There was no evidence that the inspector's words operated as an inducement on the appellant's mind, and even if they did, the magistrate's emphatic caution undeceived the appellant, ensuring voluntariness. The proper procedure for determining admissibility was followed, and the confession, when considered with corroborating evidence, established the appellant's guilt. The Court found the conviction proper and dismissed the appeal.
Rex v Alimunya (Criminal Appeal 39/1935.) [1935] EACA 87 (1 January 1935)
Court
East African Court of Appeal
Case number
Criminal Appeal 39/1935.
Judge
Hall, C.J. (Uganda), Sheridan, P, Webb, J
The Court of Appeal held that a retracted confession is unsafe unless corroborated in material particulars, and the accused’s arraignment statement did not provide corroboration.