ABBEY
V.
THE STATE.

(1964) JELR 63605 (HC)

High Court · 29 Oct 1964 · Ghana

CORAM

HAYFRON-BENJAMIN J.

Core Terms ^Beta

appellant

complainant

prosecution

complainant’s room

court

evidence

criminal trials

cross-examination

defence

facts

oath

story

trial judge

witness

alli2 verity c.j.

caprice of the judge

chief amounts

circumstantial evidence

close of the case

considerable disadvantage

credibility

credibility of the defendant

criminal case

criminal code

district magistrate

hard labour

learned judge

learned trial magistrate

main basis of the prosecution

merits of the case

none of these tests

ollennu j.s.c.

only time

opinion of the merits of a witness

particular prosecution witness

procedural matter of great importance

prosecution witness

prosecution witnesses

question boils

questions

reasonable doubt

second stage

tests

time of his arrest

veracity of a witness

version

version of the defence

view

way of narration

JUDGMENT

HAYFRON-BENJAMIN J.

The appellant was charged with stealing contrary to section 124 of the Criminal Code, 19601, and was convicted by the District Magistrate, Accra on 21 August 1964 and sentenced to six months’ imprisonment with hard labour. Against this conviction he has appealed to this court. The facts leading up to his prosecution are briefly as follows: About 6 a.m. on 3 August 1964, the appellant visited his friend, the complainant, on his way to buy some trade spirit. While they were in the complainant’s room, the appellant asked for sixpence to enable him to effect his purchase, as he had no small coins. The complainant gave it to him, and both of them left the room, the complainant to have his bath and the appellant presumably to buy his trade spirit. When the complainant came back to his room after his bath, his purse containing £G15 15s. was missing. According to the prosecution, the appellant was found coming out of the complainant’s room alone while the complainan…

ABBEY V. THE STATE.

ABBEY
V.
THE STATE.