Rex v Titi (Criminal Appeal No. 153 of 1947) [1947] EACA 42 (1 January 1947)

## COURT OF APPEAL FOR EASTERN AFRICA

## Before NIHILL, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika) and EDWARDS, C. J. (Uganda)

## REX. Respondent, (Original Prosecutor), $\mathbf{r}^{\prime}$

## CYRILLO, alias TITI s o BAKILISA, Appellant (Original Accused) Criminal Appeal No. 153 of 1947

(Appeal from decision of H. M. High Court of Tanganyika)

Observations by the E. A. C. A. upon the admission of a deposition in evidence under section 275 Tanganyika Criminal Procedure Code.

Appellant absent, unrepresented.

Holland, Crown Counsel (Kenya), for the Crown.

JUDGMENT (delivered by NIHILL, C. J.).—There is one other point in thiscase to which we wish to draw attention. In admitting a deposition to be read in evidence under the provisions of section 275 of the Tanganyika Criminal Procedure Code or the corresponding sections in the Codes of the other territories we think the Judge admitting the deposition should state the grounds on which his order is made. It is not sufficient merely to record "Admitted under the provisions of section 275".