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ASAMOAH V. THE STATE

(1962) JELR 67716 (SC)

Supreme Court  •  21 Dec 1962  •  Ghana

Coram
SARKODEE-ADOO JSC, CRABBE JSC, BLAYJ.S.C.

Appearances
D.G. E. BROOKMAN FOR THE APPELLANT; C.E. L. HEWLETT SENIOR STATE ATTORNEY FOR THE RESPONDENT.

Judgement

CRABBE J.S.C.

In this appeal the substantial question that the court had to determine was whether on the proved facts the appellant knew at the material times that the currency notes which he was charged with possessing and uttering were forged.

The following facts of the case are taken from the judgment of the trial judge:

“The case for the prosecution is briefly as follows: On Friday, 23rd March, 1961 at about 6 p.m. the accused went to Kwapanin village to buy some kente cloths. He is a weaver himself. He went to Kofi Peprah and Kwabena Mensah in their house and asked to buy these cloths. Kofi Peprah showed him what he had and they bargained. According to the prosecution the price agreed upon for the three kente cloths was £G51. Accused says it was £G52 — Kwabena Mensah was present with Peprah in the room when this transaction took place. According to the prosecution after the accused had selected the three cloths he was allowed to take them away and come and pay later. Peprah and Mens…

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