SALIFU AND ANOTHER
V.
THE REPUBLIC

ATA-BEDU J.

The two appellants were charged and tried jointly at the District Court Grade I, Tamale, for stealing 30 bags of paddy rice valued at ¢240.00 the property of the Ministry of Agriculture, Savelugu. On 10 March 1972, the first appellant, (the second accused) was convicted on the charge and sentenced to a term of twelve months’ imprisonment with hard labour while the second appellant (the first accused) was convicted of receiving in accordance with section 156 of the Criminal Procedure Code, 1960 (Act 30), and sentenced to a term of nine months’ imprisonment with hard labour.

Against these convictions the appeals have been brought on the following grounds: In the case of the first appellant the original ground of appeal was that the judgment is against the weight of evidence having regard to all the circumstances. The further ground is that the conviction is wrong in law as the appellant ought not to have been called upon at the close of the prosecution’s case. In the case of t…