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AYIDICHAW AND ANOTHER V. THE STATE

(1961) JELR 66695 (SC)

Supreme Court  •  10 Jul 1961  •  Ghana

Coram
ADUMUA-BOSSMAN JSC, OLLENNU JSC, BLAY JSC

Appearances
HAYFRON-BENJAMIN FOR THE FIRST APPELLANT,ABBAN FOR THE SECOND APPELLANT ,ANNAN, SENIOR STATE ATTORNEY, FOR THE RESPONDENT.

Judgement

ADUMUA-BOSSMAN J.S.C.: This appeal is against the conviction of the two appellants by his honour Judge Siriboe (as he then was) at the Central Circuit Court, Cape Coast on two charges: (1) unlawful entry, contrary to section 152 of the Criminal Code, 1960,1. and (2) stealing goods to the value of £G1,630 17s. 8d. the property of the United Africa Company (Ghana) Ltd., contrary to section 124 of the Criminal Code, 1960.2 The first appellant was sentenced to five years, and the second appellant to three years imprisonment with hard labour on each charge, the sentences in each case, to run concurrently.

Learned counsel for the first appellant commenced his arguments on ground 2 of the grounds filed which reads: “The learned judge was wrong in convicting the first appellant without giving reasons.” This complaint arises from the manner in which the trial was finally concluded. What happened, as disclosed by the record was that on the 10th April, 1962, when the court was constituted by the…

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