KWASHIE AND ANOTHER V. THE REPUBLIC

AZU CRABBE J.A.

On 2 May 1969, at the Criminal Session of the High Court, Accra, before Edward Wiredu J., sitting with the aid of a jury, the two appellants and four others, were arraigned on an indictment containing three counts. The first and second counts, in so far as these concern the two appellants, read as follows:

“FIRST COUNT

STATEMENT OF OFFENCE

Conspiracy to Steal: Contrary to s. 23 (1) and s. 124 of the Criminal Code Act 29/60.

PARTICULARS OF OFFENCE

No. 6445 GC/2 CHRISTIAN KWASHIE, No. 5140 EC/3 PETER A. ADJAWOO, No. 14682 EC/3 YAW WORNOO, AUGUSTINE KWAME MENSAH, KOFI NARTEY, TEI OTIBOE, On or about the 15th day of April, 1967 at Akama, village near Tema, acted together with a common purpose in committing a crime, to wit, stealing.

SECOND COUNT

STATEMENT OF OFFENCE

Stealing: Contrary to s. 124 of the Criminal Code Act 1960.

PARTICULARS OF OFFENCE

No. 6445 GC/2 CHRISTIAN KWASHIE, No. 5140 EC/3 PETER ADJAWOO, No. 14682 EC/3 YAW WORNOO, AUGUSTINE KWAME MENSAH, KOFI NARTEY AND TE…