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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V8) 1 CLR 51
1908 April 6
[TYSER, C.J. AND BERTRAM, J.]
REX
v.
STYLLI HAJI KYRIAKO KASTIAKI.
PRACTICE-APPEAL-JUDGE'S NOTE-ALLEGED INACCURACY-AFFIDAVIT.
The Supreme Court will not listen to any statement that a judge's note is incomplete or inaccurate, unless the statement is supported by affidavit.
This was an appeal from a sentence by the District Court of Famagusta.
The facts of the case are not material to the report.
Michaelides for the Appellant in the course of his argument relied upon a certain statement as to the character of his client said to have been made under cross-examination by a police officer. This statement did not appear on the judge's note.
The statement was nevertheless made, but the President did not think it worth while to take it down.
CHIEF JUSTICE: This Court cannot listen to any statement as to the deficiency or inaccuracy of a judge's note, unless the statement is-supported by affidavit.
Appeal allowed. Sentence varied.