Rex v Nzioki (Criminal Appeal No. 205 OF 1938) [1939] EACA 75 (1 January 1939)

## COURT OF APPEAL FOR EASTERN AFRICA.

## BEFORE SIR JOSEPH SHERIDAN, C. J. (KENYA), WHITLEY, C. J. (UGANDA) AND SIR LLEWELYN DALTON, C. J. (TANGANYIKA)

## REX, Respondent (Original Prosecutor)

versus.

MUTINDA S/O NZIOKI, Appellant (Original Accused) CRIMINAL APPEAL NO. 205 OF 1938

(Appeal from conviction by H. M. Supreme Court of Kenya)

Criminal Procedure—Appeal—Appellant becoming of unsound mind— Adjournment *sine die*.

Since his trial appellant became of unsound mind and was so at the time set down for hearing the appeal.

Held (2-2-39).—That in such circumstances the appeal should be adjourned. sine die.

Appellant, absent, unrepresented.

Dennison, Crown Counsel, for the Crown.

ORDER.—In the circumstances that the appellant has, since histrial, been certified to be of unsound mind, the appeal is adjourned sine die.

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