( 192 )
THE QUEEN v. BARON.D. C. (Criminal), BadvUa, 4,256.
W itnesses—N eceseity of dinting fror&them poirtioulars as to their station in■ life, ifee.—Appeal in criminal cases—Record as to amount of bailasked, and offer to release appellant on bail.
In examining witnesses it is the duty of a Judge to elicit fromthem and record who they are, what their station in life is, andwhere they live, so that the Appeal Court may have some materialto form an opinion as to their means of knowledge and credibility.
When an appeal is taken from a judgment or order of a CriminalCourt it is its duty to release the appellant on bail in a reasonableamount, and to make a record of the amount of bail asked, and ofthe fact that an offer to release on bail was made.
T N this case the accused was convicted, on the evidence of twowitnesses called for the prosecution, of theft of a basket offowls. •
In appeal Bawa, for appellant; Tempter, C.C., for respondent.19th October, 1896.
Bonseb, C.J., in the course of his judgment, observed asfollows:—
I have to complain that the District Judge has not taken downany evidence as to who and what the witnesses are, whether men orwomen or children. The duty of a Judge is to record such facts—to ask witnesses who they are, what their station in life is, andwhere they live, so that the Appeal Court may form some opinionas to their means of knowledge and as to their credibility. Theymay be, so far as appears on the record, destitute beggars, or theymay be persons of the highest character and respectability.
* * * * * *
I observe that there is no entry in the record of the amount ofbail which the appellant should have been required to give undersection 408 of the Criminal Procedure Code. It is the duty ofthe Court when an appeal is presented to release the appellant onbail in a reasonable amount, and the fact that the offer was lnadeshould be recorded.
THE QUEEN v. BARON