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Tshupo v The State (Criminal Application 24/95) [1996] BWCA 5 (12 January 1996)
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IN THE COURT OF APPEAL OF BOTSWANA
HELD AT LOBATSE
Criminal Application 24/95
In the matter of:
WHITE TSHUPO
Applicant
and
THE STATE
Respondent
Applicant in person
Mr. D.B. Molomo for the Respondent
JUDGMENT
Delivered on 12th January, 1996
AGUDA J.A.,
The applicant was convicted upon a single charge of armed robbery contrary to section 291 as read with section 292 of the Penal Code. The prosecution called eight witnesses whilst the accused gave evidence on his own behalf. After a thorough examination and evaluation of the evidence the learned Magistrate found the accused guilty as charged and sentenced him. He thereafter appealed to the High Court. His appeal having been dismissed has now sought leave to appeal to this Court. I have listened to everything that he had to say but I have not discovered anything in all his arguments based on facts from which I can hold that his appeal may succeed if granted leave or that he has an arguable case. My duty therefore is to refuse the
application which is hereby refused.
Delivered in open court at Lobatse on 12th January, 1996.
T.A. AGUDA
JUDGE OF APPEAL
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