Appeal in terms of s 311 of the Criminal Procedure Act 51 of 1977: Section 311 provides for an appeal as of right, without leave: failure to have regard to all the evidence in determining the guilt or otherwise of an accused constitutes an error of law: question of law upheld: order of the high court set aside: conviction and sentence imposed by the regional court reinstated and matter remitted to the high court for the appeal to proceed on the merits.