Rex v Poki (Cr. App. No. 68/1939) [1939] EACA 132 (1 January 1939)

### COURT OF APPEAL FOR EASTERN AFRICA

Before Sir Joseph Sheridan, C. J. (Kenya); Whitley, C. J. (Uganda); and Sir Charles Law, C. J. (Zanzibar)

# REX, Respondent (Original Prosecutor)

#### v

## PAULO POKI, Appellant (Original Accused)

### Cr. App. No. 68/1939

(Appeal from decision of High Court of Uganda) Evidence—Admissibility of sketch plan.

S a police officer gave evidence that the house of the accused had been pointed out to him by one Erinesti and a sketch plan was made of the house and its environs by S and put in evidence. Erinesti did not give evidence.

Held (24-7-39).—That the sketch plan should not have been received in evidence in the absence of the evidence by Erinesti or some person acquainted with<br>the places referred to in the plan that he had pointed out those places to S.

Appellant absent unrepresented.

McKisack, Crown Counsel, for the Crown.

The following is an excerpt from the judgment (delivered by WHITLEY, C. J.) .- "Though nothing of importance turns on the plan produced by Mr. Sharpe, we would observe that in the absence of evidence by Erinesti or some other person acquainted with the places referred to in the plan, that he had pointed out these places to Mr. Sharpe, the plan should not have been received in evidence."