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REX
V.
KOBINA YAW & ANOR

JELR 83140

Unspecified Ghana
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- The court held that, under section 29 of the Criminal Procedure Ordinance (Cap. 13), felony and misdemeanour charges arising from the same transaction may be tried together, overriding contrary English authority. - A general sentence upon

Case Details

Judges:SIR PHILIP CRAMPTON SMYLY, C. J. LOGAN J. AND HALL, .J.
Counsel:G. H. Savage, Korsah with him, For the Applicants.
Other Citations:1922 Full Courts 74

SMYLY, C.J.

This is a motion on behalf of the above named persons sentenced at the criminal assizes held at Cape Coast on Friday the 16th day of December, 1921, by His Honour Mr. Justice Hall, for an order of this Honourable Court for the said Mr. Justice Hall to state a special case for the consideration of the Full Court on the following grounds of error in law namely:-

(1) That the Court was wrong in trying the accused on the charges of felony and misdemeanour at same time.

(2) That there was a general verdict by the judge of guilty on all the counts and not in each count, and that the sentence passed by the judge was ten years imprisonment with hard labour each but on what count it is not stated.

(3) Whether the judge was right in law in not passing sentence on each count of the information.

(4) Whether the judge misdirected or failed to direct himself or failed to give effect to the rule of law that the person charged is entitled to the benefit of reasonable doubt, in view of the find…

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