REX .
V.
JONATHAN DURU

 KINGDON, C.J., NIGERIA, BUTLER LLOYD AND BAKER, JJ.

The appellant was tried summarily before John, Assistant Judge, sitting in the Enugu-Onitsha Division of the High Court. He was charged with “Making document without authority C.C. 473 (1)”, the particulars given being:- “In that the accused on, or about, the 26th day of October, 1941, “at Ngor in the Enugu-Ositsha Judicia1 Division, with intent to “defraud, and without lawful authority or excuse made a document “in the names of Anuforo Ogazi, Joseph Ogazi and Nwalozie and “others, accusing the Government servants of Owerri of committing “offences and not knowing their work.”

The appellant pleaded “not guilty”. After four witnesses for the prosecution had given evidence it was apparent to the Court that the charge was misconceived, since, though the evidence showed that the appellant had sent a scurrilous document to the Resident of the Owerri Province purporting to be signed by a number of people who had not in fact signed it and kne…