JUDGMENT OF THE COURT
Collins Odhiambo Oluoch, the appellant, was the 1st accused while Damascus Ombima Alias Rasta (“Co-accused”) was the 2nd accused before the Principal Magistrate's Court at Migori before which court they were, jointly with others not before the court, charged with one count of robbery with violence contrary to Section 296 (2) of the Penal Code. Both the appellant and his co-accused, whose appeal is not before us, were, upon trial, convicted of the said count as charged. The appellant was aggrieved and appealed to the High Court against both conviction and sentence which was imposed upon him. His appeal was dismissed and hence this appeal.
This being a second appeal, only issues of law fall for consideration by reason of the provisions of Section 361 (1) (a) of the Criminal Procedure Code. The Supplementary Memorandum of Appeal upon which Mr. Abande, learned counsel for the appellant, relied, raises two legal points namely: failure of the High Court to subject the ev…