JUDGMENT OF THE COURT
Following his conviction and sentence upon trial for the offence of attempted robbery with violence contrary to section 297 (2) of the Penal Code, Peter Odhiambo Owino, the appellant, appealed against the conviction and sentence to the superior court. That court, after it heard his appeal, dismissed it on the basis that the appellant was arrested in the vicinity of the alleged crime, that he was chased by eye witnesses who caught him without loosing sight of him, and there was ample light which facilitated his identification as having been a member of the gang which broke into a certain store with a view to stealing various assorted items which were stored therein. The appellant was dissatisfied and hence this appeal.
Several grounds of appeal have been proffered, but when the appeal came up for hearing, before us, the appellant’s counsel Mr. Swaka, confined his submissions to these:
(1) Particulars of the charge were at variance with the evidence.
(2) That the langu…