REX .
V.
JONATHAN DURU

JELR 81116 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1943 9 WACA 33-34
CORAM
COR. KINGDON, C.J., BUTLER LLOYD AND BAKER, JJ.
Core Terms Beta
appellant
charge
court
section
evidence
prosecution
witnesses
account
criminal code
criminal procedure ordinance
charges
document
variance
26th day of october
amendment of the charge
appellant cross
assistant judge
authority c.c.
course of the trial
defamatory matter c.c.
de novo
enugu-onitsha division of the high court
enugu-ositsha judicia1 division
evidence of intent
government servants of owerri
joseph ogazi
judicial division
lawful authority
learned trial judge
names of anuforo ogazi
nolle prosequi
number of people
original charge
others
owerri division administrative staff of misdeeds
proper course
resident of the owerri province
second charge
similar charges
such terms
trial judge
violation of the proper form of legal process

 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…

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