AZU CRABBE AG.C.J. delivered the ruling of the court.
The applicant was tried and convicted in the Circuit Court, Accra, on two counts; in the first count he was charged with the offence of unlawful entry, contrary to section 152 of the Criminal Code, 1960 (Act 29), and in the second count he was charged with the offence of stealing, contrary to section 124 of the Code. On the first count he was sentenced to ten years’ imprisonment with hard labour and on the second count to five years’ imprisonment with hard labour; the sentences were ordered to run concurrently.
The applicant appealed to the High Court, Accra, against his sentence only, and on 26th April 1972 his appeal was dismissed. On 6 July, 1972, the applicant filed at the High Court registry notice of an application for leave to appeal against his conviction pursuant to rule 39 of the Supreme Court Rules, 1962 (L.I. 218).
On 5 December 1972, the applicant filed the present application praying for an early hearing of his appeal “…