COMMODORE ALIAS KAYAA V. THE REPUBLIC

TAYLOR J.

This is a case of conspiracy to commit robbery contrary to sections 23 (1) and 149 of the Criminal Code, 1960 (Act 29), and dishonestly receiving contrary to section 146 of the said Criminal Code, 1960 (Act 29). The particulars of these offences spelt out in the two counts in the charge sheet are respectively as follows:

“Count 1 Martey Commodore, alias James Kayaa: Painter—On or about the 30 of April 1971 at Accra in the Eastern Circuit and within the jurisdiction of this court, did agree together with a common purpose with Alhaji Abdul alias Joseph Barhin, Imoru Kano and others unknwon to commit crime, namely, robbery.

Count 2 Martey Commodore alias James Kayaa: Painter— On or about 30 April 1971 at Accra in the Eastern Circuit and within the jurisdiction of this court, did dishonestly receive N¢1,000.00 which you knew to have been appropriated by crime, to wit robbery.”

The relevant facts led in evidence are devoid of any complexity and are that on 30 April 1971, the State H…