REX
V.
RICHARD ONYEJEKWE

JELR 81065 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1934-35 2 WACA 233 - 235
CORAM
Cor. Butler-Lloyd, Acting C.J., Graham Paul and Brooke, JJ.
Core Terms Beta
high court
case
section
trial
charge
court
entry
order
balance
evidence
magistrate's court
order of restitution
preliminary investigation
counsel
criminal code
criminal procedure ordinance
fraudulent false accounting contra
messrs. john holt
state of accounts
argument
cash book
charge of fraudulent false accounting
collector of poor rates
correct record of receipt
correct sum
crown
crown counsel
crown counsel replies
dated 13th november
employer's book
grounds of appeal
high court of division
order xxxix
overseers' receipt
payment book
present case
protectorate courts ordinance no.
provisions of section
regard
rules of courts no.5
said day
second ground of appeal
servants contra section
subject of the charge
such trials

BUTLER-LLOYD, J. This is an appeal against conviction by the High Court of Division dated 16th October, 1934, of (1) Stealing by clerks and servants contra section 390 (6) of the Criminal Code. (2) Fraudulent false accounting contra. section 438 (b).

The grounds of appeal as amended are that:-- (a) At the preliminary investigation before the Magistrate's Court at Enugu the Court decided that no case had been made out on the charge under section 390 (6), but committed the accused to the High Court on the charge of fraudulent false accounting only: at the trial before the High Court the accused was charged not only with the latter offence for which he had been committed for trial but also with the other count of stealing contra. section 390 (6) on which he had not been committed for trial, and on which the Magistrate had found there was no case to answer. (b) That there was no evidence before the High Court to support the count of fraudulent false accounting contra. section 438 (b) of th…

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