ASIMAKU V. THE STATE

KORANTENG-ADDOW J.

The appellant herein was charged with the offence of stealing and tried and convicted at the Circuit Court, Takoradi, on 29 September 1966. He was sentenced to a term of eighteen months’ imprisonment with hard labour. It is from that conviction that he has appealed to this court. He was charged together with one Thomas Quacoo, the second accused. The said Thomas Quacoo was charged on two counts with forgery and aiding and abetting the stealing with which the appellant was charged.

The facts of the case are that the appellant, a driver of a haulage company (C.H.C.), was despatched from Kumasi by his company, as carriers, to convey a load of timber to A. Lang and Co. at Takoradi. The load consisted of sawn boards valued at ¢751.87 (£G313 5s. 7d.). Before reaching Takoradi the appellant diverted to a village on the way called Juaben and sold the timber to one Kwame Bafoe, the fourth prosecution witness.

The evidence for the prosecution has it that after the sale the appel…