OSAE V. THE REPUBLIC

TAYLOR J.: The appellant in this case appeals against his conviction on four counts charging him with the offence of stealing various sums of money, the property of his employers, the Pioneer Tobacco Company, Tamale branch.

The facts of the case led in evidence by the prosecution are that at the relevant times the appellant was a salesman of the said Pioneer Tobacco Company, Tamale branch. As a salesman he was assigned a van and was the sole custodian of one of two keys which opens and closes the padlock to the van. It was said by the prosecution that the other key was for security reasons in the custody of the Standard Bank, Tamale. On May 1977 the appellant collected 262 milles of cigarettes valued ¢11,595.50 for sale on the Salaga route. He was driven on the van by a driver employed by the Pioneer Tobacco Company, Tamale. After the sales they returned from trek and rendered accounts to the company. The quantity of cigarettes which he returned as unsold was 45.7 milles valued ¢1,854.…