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NYARKO AND OTHERS V. THE STATE

(1963) JELR 83598 (SC)

Supreme Court  •  21 Jun 1963  •  Ghana

Coram
CRABBE, MILLS-ODOI AND BLAY JJ.S.C.

Appearances
Appellants in person. D. F. Annan, Senior State Attorney, for the respondent.

Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>MILLS-ODOI J.S.C. </strong></p><p style="text-align: justify;">On the 31st May, 1963, this court dismissed the appeal of Kwadjo Nyarko, the first appellant but it allowed the appeals of Kwabena Okyere alias Branu and Michael Koku alias Koku French, second and third appellants respectively. We now give our reasons for so doing.</p><p style="text-align: justify;">The three appellants were tried at the Circuit Court, Ho, and convicted by the circuit judge sitting with assessors upon an indictment which charged them with having in their possession 46.6 grams of Indian hemp which had been prepared for smoking.</p><p style="text-align: justify;">The case for the prosecution was that on the 26th March, 1962, detective constable Victor Adufo (the first witness for the prosecution) who was on patrol duty at Jasikan saw the three appellants walking together in the street at about 8 a.m., Kwadjo Nyarko, the first appellant, was holding a handbag; the other two had nothing on them. The first witness for the prosecution went to the appellants and when he asked the first appellant of the contents of the …</p>

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