REX
V.
EVANS CECIL OFOI TYSON

 HARRAGIN, C.J., GOLD COAST:-

The Appellant was charged with stealing by means of employment contrary to section 271 (1) of the Criminal Code.

The particulars of offence were as follows:-

“Evans Cecil Ofoi Tyson, on a day unknown between the 14th day of August, 1944, and 29th day of September, 1944, in the Eastern Judicial Division of the Gold Coast Colony, stole 12 permits to purchase ammunition Nos. B79834, B79837, B79843, B79873, B79887, B79891, B79893, B79906, B79908, B79921, B79924, and B79931, the property of His Majesty the King, to which permits he had the means of access by reason of his employment as a clerk or servant to the Government of the Gold Coast”.

On this information he was found guilty by the Divisional Court sitting at Koforidua and sentenced to nine months' imprisonment with hard labour.

Against the conviction he has appealed to this Court.

The short facts of the case are that the Appellant at all material times had been a clerk attached to the District Commissioner's …