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REGINA
V.
DWAMENA & ANOR

(1957) JELR 115861 (CA)

Court of Appeal 22 Nov 1957 Ghana
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Case Details

Judges:van Lare Ag.C.J., Granville Sharp J.A., Smith J
Counsel:Smith, Crown counsel, for the Crown. OWUSU for the appellants.
Location:Accra
Other Citations:3 WALR 193-195

 JUDGMENT

GRANVILLE SHARP J.A., who delivered the judgment of the court, dealt first with the evidence and continued: In our view there is no substance in the contention urged before us by Mr. Owusu that the verdict cannot be supported on the evidence. It is abundantly clear on the evidence that the two accused betrayed their trust and misappropriated the money that was in their custody. We have therefore dismissed the appeal in each case.

It is, however, necessary to decide on a point of law raised by learned counsel for the appellants, on the authority of the decision in Commissioner of Police v. Addae (1945) 11 W.A.C.A. 42 distinguished, that the learned trial judge misdirected himself in holding that the second accused was an employee within the meaning of section 288 (1) of the Criminal Code.

In Addae's case the facts were briefly that a District Commissioner handed to a schoolmaster a number of ammunition permits for transference to the State Secretary at Akropong so that they migh…

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