OLLENNU J.S.C.: On 1 May 1964, we allowed the appeal of the appellant against his conviction, quashed his conviction and the sentences passed upon him, and ordered him to be acquitted and discharged. The following are the reasons for our said judgment and order.
The appellant was convicted by the circuit judge, Accra, on 4 March 1963. He was the fourth of six defendants tried upon an indictment containing twelve counts; four of the counts concerned him, namely, count one which charged him jointly with all the other five with conspiracy to steal, contrary to sections 23 (1) and 124 of the Criminal Code, 1960,1 count four which charged him and the sixth defendant jointly with stealing an amount of £G1,800, contrary to section 124 of the Criminal Code, as amended by section 2 of the Criminal Code (Amendment) (No. 3) Act, 1963,2 and counts five and seven each of which charged him alone with forgery, contrary to section 159 of the Criminal Code, 1960. He was acquitted on count four, steali…