Rex v Wage (Cr.A. 38/1934.) [1937] EACA 148 (1 January 1937)

#### CRIMINAL CASES.

### COURT OF APPEAL FOR EASTERN AFRICA.

Before LUCIE-SMITH, Ag. C. J. (Kenya), HORNE, J. and GAMBLE, Ag. J. (both of Kenya).

## REX (Respondent) (Original Prosecutor)

#### $\overline{\mathcal{D}}$

# LUGUDA S/O WAGE (Appellant) (Original Accused). Cr. A. $38/1934$ .

- The Criminal Procedure Code of Tanganyika Territory—Sections 230 and 335—Failure to give three days' notice of trial in High Court after service of information—Irregularity that may be cured. - Held (3-5-34).—That, although the statutory period of three days' service of the information and trial as required by section 230 Criminal Procedure Code had not elapsed, never heless, as no miscarriage o occurred through this omission, the provisions of section 335 (a) might be invoked to cure the irregularity (see Kenya Criminal Procedure Code, sections 238 and 367).

Bruce (Solicitor-General, Kenya) for Attorney-General of Tanganyika.

Appellant not present.

The facts of this case are not important.

JUDGMENT.—There being no possibility in this case of a failure of justice having been occasioned by non-compliance with section 230 we are of opinion that section 355 cures the defect in service.

The evidence supports the conviction; the appeal is dismissed.