Rex v Sauroj (Confirmation Case 446/1929.) [1929] EACA 163 (1 January 1929)

#### CRIMINAL CONFIRMATION.

Before THOMAS, J. and CREAN, Actg J.

#### REX

## $\boldsymbol{v}$ .

### SHANGATI OLE SAUROL

# Confirmation Case 446/1929.

## The Witchcraft Ordinance (No. 23 of 1925), section 4-persons. using witch medicine with intent to injure.

$Held:$ That the word "means" in Section 4 could include spoken words.

ORDER.—There has admittedly been a misjoinder of charges in this case and therefore the conviction must be quashed. There should be a retrial.

When this case was sent for revision by the Judges by SHERIDAN, J., he suggested that the question whether the words contained in section 4 of Ordinance 23 of 1925, viz., means or processes, could apply to spoken words. After hearing the argument of counsel and his eventual admission that the word "means" could include spoken words, we are satisfied that that is the correct interpretation to place upon the language of the section. It is therefore not necessary to make any other orderin this case.