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…

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