ISHOLA
V.
THE STATE

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Charge No. AG/3C/71 of September 6, 1971, Raimi Ishola (the appellant in this case) and three others were charged with conspiracy to burgle, breaking into and stealing from a radio store belonging to one Israel Oguntoye along Baleke Road, Boji Boji Agbor, contrary to Sections 443, 353(1) and 331 of the Criminal Code, Cap. 28 of Western Nigeria Laws, 1959 and applicable in the Mid-Western State of Nigeria. Before the commencement of the trial, the 4th accused person escaped from prison custody and as he could not be traced, the case proceeded against the remaining three. A 'no case' submission made on behalf of the 1st accused by his counsel was over-ruled by the learned trial Judge, who held that the 1st and the 2nd accused persons had a case to answer but who discharged the 3rd accused for want of evidence. At the end of the trial, 1st and 2nd accused were convicted as charged and sentenced to terms of imprisonment on December…