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STATE
V.
OBENG AND OTHERS

(1967) JELR 66814 (HC)

High Court 5 Mar 1967 Ghana
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- The State is appealing the acquittal of three respondents on charges related to smuggling things from prison and out of prison. - The charges include smuggling a letter from a prisoner, attempted smuggling of a letter out of prison, abetm

Case Details

Judges:AMISSAH J. A.
Counsel:J. N. K. TAYLOR DIRECTOR OF PUBLIC PROSECUTIONS AND P.V.A. ADJETEY FOR THE STATE; J. C. ARMAH FOR BOSSMAN FOR THE FIRST RESPONDENT.,JOE REINDORF FOR THE SECOND RESPONDENT.,H. P. SWANIKER FOR THE THIRD RESPONDENT.

AMISSAH J.A.

The State appeals, in this case, against the acquittal of the three respondents by the circuit court on charges connected with the smuggling of things from prison and out of prison. As most of the issues of the appeal turn on the nature of the charges, clarity demands that these charges be reproduced in full. They are as follows:

First Count

STATEMENT OF OFFENCE

Smuggling things from a prisoner contrary to section 228 of the Criminal Code, 1960 (Act 29) (as amended by Act 293).

PARTICULARS OF OFFENCE

Joseph Kwami Obeng, on or about 22 May 1966, at Ussher Fort Prison, Accra, in the Eastern Region without authority from the prison superintendent conveyed a thing, namely, a letter from one Emmanuel Humphrey Tetteh Korboe through one Osei Owusu Afriyie both persons then being prisoners in the Ussher Fort Prison, Accra.

Second Count

STATEMENT OF OFFENCE

Attempted smuggling things out of prison contrary to sections 18 (2) and 228 of the Criminal Code, 1960 (Act 29) (as amended by Act 2…

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