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(1979) JELR 65018 (HC)

High Court  •  14 Aug 1979  •  Ghana



TAYLOR J.: The four appellants in this case were arraigned before the Circuit Court, Wa, charged jointly with the offence of conspiracy to steal in count one and stealing sixteen cartons of Embassy cigarettes valued ¢10,890 and one carton of Sweet Menthol cigarettes valued ¢480 all to the total value of ¢11,370 in count two. The properties were said to belong to the Pioneer Tobacco Co., Wa. A fifth accused person was charged with receiving. He pleaded not guilty and was apparently separately tried. He is a non-appellant and is accordingly not concerned with this appeal.

When the appellants first appeared before the court, they pleaded guilty to the charge of stealing and not guilty to the conspiracy count. After they had so pleaded, the prosecution applied to amend the second charge to read sixteen cartons of Embassy instead of eighteen. The application was granted and the second count was accordingly amended. The appellants did not plead to the amended charge and this is a matter of c…

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