EDMUND UMEZ ERONINI
V.
THE QUEEN

JELR 81036 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1952 14 WACA 366-369
CORAM
VERITY, C.J. (NIGERIA), COUSSEY, J.A., AND JIBOWU, J.
Core Terms Beta
charge
proceedings
section
evidence
fresh plea
28th july
crown
case
amended form
counsel
second amendment
second amendment of the charge
29th july
counts
new trial
valid trial
27th july
amended charge
following day
new charge
purpose of all proceedings
second count
such charge
whole trial
accused person
cross-examination
crown counsel
grounds of appeal
hearing of the appeal
insufficient evidence
original record
part of the learned judge
precise date
proper course
provisions of section
real issue
remaining counts
request of counsel
sufficient evidence
valid proceedings

Verity, C.J., Nigeria. In this case the appellant was convicted on the second of four counts in an information charging him with offences contrary to sections 438, 390, 435 and 436 respectively of the Criminal Code. The second count as originally framed charged the appellant with stealing £253 14s. 0d. The other counts related to the same incident or series of incidents and alleged the sum , involved to be £253 13s. 0d.

The appellant was arraigned on the 27th July, 1953, and pleaded not guilty to all counts. The case was then fixed for hearing on the following day and on 28th July before evidence was taken counsel for the Crown applied to amend the second count by substituting 13/- for 14/- therein. The application was granted and the amended charge was read but, as appears from the original record which we have examined at the request of counsel who appeared for the Crown at the hearing of the appeal, no fresh plea was taken.

The trial proceeded, however, and after two witnesses had be…

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