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JOSEPH ROLLINGS OSAKWE V. THE QUEEN

(1963) JELR 41528 (SC)

Supreme Court  •  F.S.C.60/1963  •  6 Dec 1963  •  Nigeria

Coram
LIONEL BRETT JSC; JOHN IDOWU CONRAD TAYLOR JSC; BAIRAMIAN JSC;

Appearances
Not represented For Appellant J.I. Emembolu, Senior State Counsel For Respondent

Judgement

BAlRAMIAN, JSC (delivering the judgement of the Court):-

The present appeal arises out of the theft of a motor car stolen by Accused Nos. 1, 2 and 3, who were taken by Accused No. 5 to Accused No.4 with the aim of disposing of the car. All were convicted- Nos. 1, 2, 3, of stealing, and Nos. 4 and 5 of receiving. No. 5 has not applied for leave to appeal; the applications of Nos. 1, 2 and 3 were refused; No. 4 has been given leave, and is here referred to as the appellant. The point is whether it was right on the facts to find that No. 4 was guilty of receiving the car.

It was about 8 a.m. that the others came to the appellant; he said that if the car was brought and it was in good condition, he could get them a dealer to buy it; and he gave No. 2 a shilling to go in a taxi and bring the car. It was brought and was outside his house. Someone had informed the Police, and two constables went and saw the car there about 9.30 am. They found Accused Nos. 1 to 3 on the verandah outside; whenโ€ฆ

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