ABBEY V. THE STATE.

JUDGMENT

HAYFRON-BENJAMIN J.

The appellant was charged with stealing contrary to section 124 of the Criminal Code, 19601, and was convicted by the District Magistrate, Accra on 21 August 1964 and sentenced to six months’ imprisonment with hard labour. Against this conviction he has appealed to this court. The facts leading up to his prosecution are briefly as follows: About 6 a.m. on 3 August 1964, the appellant visited his friend, the complainant, on his way to buy some trade spirit. While they were in the complainant’s room, the appellant asked for sixpence to enable him to effect his purchase, as he had no small coins. The complainant gave it to him, and both of them left the room, the complainant to have his bath and the appellant presumably to buy his trade spirit. When the complainant came back to his room after his bath, his purse containing £G15 15s. was missing. According to the prosecution, the appellant was found coming out of the complainant’s room alone while the complainan…