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Judgment
5 paragraphs · 113 words
Miller, J.—The Magistrates were wrong in not deciding whether the accused was or was not the owner of the produce of the tree. It is not
even found whether the complainant had on had not a right to possession under his mortgage and in the absence of findings on either of those
questions, it being proved that the tree had been sold to the accused, I do not see what ground the Magistrates have on which to base a finding of
the dishonesty in the accused. I set aside the 1st Class Magistrate''s order confirming the conviction and sentence and direct him to re-hear the
appeal and dispose of it according to law.