Mr. J.C. Gray for the Appellant
Mr. H. Elrington for the Respondent

Inferior Appeal against conviction - strong
evidence to support conviction by Resident
Magistrate - Conviction upheld.

J U D G M E N T

The Appellant was convicted by the Resident Magistrate for the Corozal Judicial District of stealing a sheep the property of Cristino Dominguez Jr., on the 28th September, 1978. He now appeals against his conviction.

Mr. Gray's main contention in this appeal was that the identification of the sheep alleged to have been stolen by the Appellant was unsatisfactory, and contrasted the varying descriptions given by the prosecution witnesses of the sheep in question.

Whilst it is quite true that when the police arrived at the Appellant's home only a small piece of sheep skin was shown to them and even that piece had been partially eaten by dogs, nonetheless Armando Luna (the owner's caretaker) said in evidence that he had seen the neck part of the sheep' s skin and that it had brown spots by the neck and the rest was white; he further stated that the colour was similar to the colour of the missing sheep. The owner Mr. Dominguez also examined the skin and said that it had brown spots on left of neck and the rest white and said that his missing sheep had a similar skin. P.C. Williams said in evidence that the skin was brown and white and that Dominguez and three other witnesses had recognized the skin.

That taken together with the unchallenged evidence of Orosco who said that he had seen the Appellant take the sheep from Luna's yard and put it inside his own yard led the learned Resident Magistrate to convict the Appellant as charged.

In my considered view there was ample evidence before the learned Resident Magistrate to come to the conclusion that he did and I find that there is no merit in this appeal and it is accordingly dismissed.

--------OO---------