REX
V.
YAW KUMI

JELR 81086 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1946-49 12 WACA 338-339
CORAM
SMITH, AG. C.J. (GOLD COAST), M’CARTHY AND HOOPER, JJ.
Core Terms Beta
evidence
bundle
police
appeal
26th november
cases
christiana azu
christie
first accused
night
present appellant
question
yaw boahin
arguments
back of the car
bundle belong
case yaw kumi appeals
charge of housebreaking
charges of housebreaking
chief justice
english cases bear
facts of the case
general question of corroboration
lagos town
large quantity of prints
later stage of the trial
learned chief justice
learned trial judge
next morning
only ground of appeal of any substance
part of the property
police sergeant
provisions of the code of criminal procedure
significance of the silence of an accused person
silence of an accused person
similar cases
sixth accused
statements
stolen property
zabrama man

Smith, Ag. C.J. In this case Yaw Kumi appeals to this Court against his conviction at the Assizes at Accra, on the 27th January, 1948, by His Honour the Chief Justice of receiving stolen property. The appellant had been indicted with eight others on charges of housebreaking and stealing, charges on which these eight co-defendants had been found guilty. The present appellant was found not guilty on the charge of housebreaking and stealing, but in accordance with provisions of the Code of Criminal Procedure was found guilty of receiving stolen property.

The only ground of appeal of any substance is as follows:-

“The learned trial Judge misdirected himself and failed to direct the assessors as to the significance of the silence of an accused person when charged with or accused of an offence.”

The facts of the case for the Crown are briefly as follows. On the 26th November, 1947, in the night, the shop of one Christiana Azu, at Accra, was broken into and a large quantity of prints and other …

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