OLLENNU J.S.C.
On 10 November 1964 we allowed the appeal in this case, quashed the conviction and the sentence passed upon the appellant, and acquitted and discharged him. The following are the reasons for our decision.
The appellant was convicted by his honour Judge Okyere-Darko (as he then was) in the Circuit Court, Kumasi on four counts of extortion contrary to section 239 of the Criminal Code, 1960 (Act 29). The first count reads as follows:
“Samuel Kwame Donkor, road section officer, on the 1st day of December 1963, at Central Market, Kumasi, in the Ashanti Magisterial District and within the jurisdiction of this Court, did extort cash the sum of £G1 from one Aliborsha Mali.”
The second count is as follows:
“Samuel Kwame Donkor, on the 16th day of December 1963, at Central Market, Kumasi, in the Ashanti Magisterial District and within the jurisdiction of this Court, did extort cash the sum of £G20 from one Abdulai Mali.”
The wording of the third and fourth counts is identical with tha…