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SEY
V.
COMMISSIONER OF POLICE

(1963) JELR 83240 (HC)

High Court 11 Jan 1963 Ghana
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Case Details

Judges:SOWAH J.
Counsel:T. D. Brodie-Mends for the appellant. J. N. K. Taylor, State Attorney, for the respondent.
Location:Capecoast
Other Citations:[1963] 1 GLR 19 - 21

JUDGMENT

SOWAH J.

The appellant was on the 26th October, 1962, convicted by the District Magistrate, Cape Coast, on a charge of stealing and was sentenced to six months' imprisonment. In the said judgment, the District Magistrate stated that, “The story of these two witnesses has been fully and intelligently corroborated by P.W.3 who in spite of his tender age, has convinced the court of the truth of his evidence and which stands unshaken.” P.W.3 was one Efua Mensimah, a maidservant of P.W.1, the complainant. Upon her own confession, she was one of the two persons who stole the moneys and handed them over to the accused. She was clearly an accomplice.

Learned state attorney has, however, ably argued that upon a cursory reading of the record, the learned magistrate would appear to be wrong, but upon a more detailed study of the judgment there can be no doubt that there was a clerical error and that the learned magistrate meant to write P.W.4 and not P.W.3. Learned state attorney stated …

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