REX
V.
JOSEPH WILLIAMS & SAMUEL OGIDAN

 BAKER, AG. C.J., BROOKE AND WADDINGTON, JJ, NIGERIA

The two accused were charge each in nine counts with stealing, in the case of the first accused against section 390 (6) as he was transport clerk employed by the Kano Native Administration and of the second accused who was Agent of the Firm of Gottschalck against section 390: counts 1-9 and 11-19 relate respectively to the same transactions. There was a tenth count in which the two accused were charged jointly with conspiracy but the Judge ruled that there was no case made out on this count. There were subsequently added at the trial two counts Nos. 20 and 21 contra. Section 467 of the Criminal Code on which the second accused had been separately committed for trial: he was acquitted on these counts. Counts 1-9 charge the first accused with stealing various quantities of cement the property of his employer at various times between July and October 1st, 1942. Counts 11 to 19 charge the second accused with stealing the same respective …