ADEMOLA, C.J.N. (Delivering the Leading Judgment): The appellant was tried by the Chief Magistrate, Lagos on a charge containing two counts as follows:
1st count:That you Gabriel Ogundowole (M) on or about the 16th day of December, 1968, at Lagos in the Lagos Magisterial District with intent to steal 200Pounds demanded the said sum of 200Pounds from Modupe Obebe with threats of detriment to be caused to the said Modupe Obebe, to wit: that the keys of the shop containing goods belonging to the said Modupe Obebe which were then in your possession would not be released to the said Modupe Obebe if the demand was not complied with and thereby committed an offence punishable under section 406 of the criminal code.
2nd count: That you Gabriel Ogundowole (M) on or about the 16th day of December, 1968, at Lagos in the Lagos Magisterial District, stole a sum of 100Pounds property of Modupe Obebe and thereby committed an offence under section 390 of the criminal code.
He was convicted on both c…