Cape Colony Law Reports; Cases Decided in the Eastern Districts' Court (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...The plea of guilty was only an admission that accused $512.6 used the word monkey, and clearly not any admission of _ ' any intention to insult Dantze. If, dressed in brief authority, QM M Jaw Dantze felt insulted, and used the sjambok as he admits he-did, thereby committing a technical assault, it is not improbable that the sjambok, as accused contends, actually came in contact with his arm. The charge should never have been brought, and should certainly have been dismissed by the Court, and a verdict of Not Guilty entered, as we now do in place of that of Guilty. A policeman who, on being chafi'ed, uses a sjambok seriously across the arm of the chafl'er, may more reasonably be charged with an assault than the chaffer with the use of abusive language. The conviction and sentence are quashed. QUEEN vs. TsAmas SENTIVA. Theft.--False Pretences.--Representati0n of Existing Fact. mm JONES, J.: This case comes in review from the Assistant Wish Resident Magistrate of King William s Town. The prisoner Q " flf;v'ff = was charged with theft by means of false pretences, in wrongfully and unlawfully obtaining 1 from his mother, the money being the property of another Kafir, under the pretence that he would use it to pay for a wood licence, and that he appropriated it to his own use. He pleaded Not Guilty, but was found guilty, and sentenced to three months hard labour. It appears from the evidence that this Kafir, who wanted a licence, had no less than three times sent the accused to the forester to get one, but did not give him the money, and on each occasion he had failed to come back. Thereupon the complainant...