AMOAH V. THE STATE

OLLENNU J.A.: This appeal was argued on 25 October 1966, and was allowed, and we now give reasons for the decision therein. The appellant was convicted by the District Court, Effiduase, of the offence of being on premises for an unlawful purpose, contrary to section 155 of the Criminal Code, 1960; the alleged unlawful purpose is “to steal.” He was then committed to the High Court, Kumasi, under section 3 (1) of the Punishment of Habitual Criminals Act, 1963, for sentence. The learned judge of the High Court, Baidoo J., after holding full and proper inquiries as should be held under section 2 of the Act came to the conclusion that the conviction was bad, that the verdict was not warranted by law, and cannot be supported having regard to the evidence. With that view we are in entire agreement. But instead of quashing the conviction, and acquitting and discharging the appellant as we think he is in law entitled to do, the learned judge took the view that he had no jurisdiction in a case …