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Morolong v The State (Criminal Appeal No. 26 of 1991 ) [1991] BWCA 16 (22 November 1991)

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IN THE COURT OF APPEAL OF BOTSWANA
Criminal Appeal No. 26 of 1991 High Court Cr. App. No. 214 of 1990
In the matter of:
TSELAYATUMELO MOROLONG   Appellant
vs
THE STATE        Respondent
Appellant in person
Miss P. Solomon for the Respondent
JUDGMENT
AGUDA, J.A.:
This is an application for leave to appeal to the Court of Appeal. The accused was charged before the Magistrate's Court for Shop Breaking and Stealing alleged to have taken place on or about the 12th day of September, 1990. He pleaded not guilty to the charge.
After the prosecution had closed its case the Appellant gave evidence and called two other witnesses. In a well reasoned judgment the Senior Magistrate disbelieved the Appellant and his witnesses and found him guilty as charged. He was thereafter sentenced to 5 years' imprisonment.
His appeal to the High Court was dismissed summarily. His application for leave to appeal was refused by the High Court. As a result he has filed a notice of leave to appeal to this Court.
The Appellant has proffered all the arguments he could muster in his favour and there is no merit in any of them. I have carefully read the record of proceedings in the Magistrate's Court as well

as the judgment of the Magistrate. In my view the application for leave is totally baseless and therefore leave to appeal is refused.
T. A. AGUDA Judge of Appeal
Given at Lobatse this 22nd day of November, 1991.


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