EVIDENCE — Handwriting expert — Admissibility of report without testimony of witness — Code of Criminal Procedure. s. 229 - Not admissible.

The written report of a handwriting expert is not a “report ... of any expert in (a) ... branch of scientific knowledge” within the meaning of Code of Criminal Procedure 1925, s. 229. and may not be admitted without calling the handwriting expert as a witness.

El Fatih Awouda, P. J., January 31, 1962:— I noticed that the report of th handwriting expert was admitted without calling the maker thereof as a witness. A report of this nature is not admissible, as the maker does not come within the definition of Code of Criminal Procedure, s. 229.

The Court should have made use of Accused No.2 after having acquitted him by taking his evidence on oath. See Code of Criminal Procedure, s. 238.

I refuse confirmation of the finding and order a retrial.

Proceedings are herewith returned.

Editors’ Note: Cf. Sudan Government v. El Tayeb Mohamed Guma’a, (1961) S.L.J.R. 36, 37 (M.A. Abu Rannat, C.J)