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RABBLES V. THE STATE

(1964) JELR 67883 (SC)

Supreme Court  •  6 Nov 1964  •  Ghana

Coram
OLLENNU JSC, ACOLATSE JSC,SIRIBOE J.S.C.

Judgement

OLLENNU J.S.C.: The appellant was tried by Sowah J. sitting with assessors. The indictment charged him with three counts, namely (1) forgery, (2) uttering a forged document and (3) stealing. The learned judge convicted him on the counts of forgery and uttering a forged document, and by virtue of the provisions of section 136 of the Criminal Code, 1960,1 and section 157 of the Criminal Procedure Code, 1960,2 convicted him of fraud by false pretence instead of the offence of stealing charged.

Three grounds of appeal couched in non-legal language were filed and argued by the appellant. The essence of the said grounds and the appellant’s submissions thereon are: (1) the prosecution failed to prove intent to defraud, the essential ingredient in each of the offences of which he was convicted, (2) the documentary evidence contradicts the finding of the trial judge as to pretence made by the appellant, and (3) the only representation made by the appellant upon which the complainant could have…

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