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REPUBLIC V. MOSHIE

(1975) JELR 69958 (HC)

High Court  •  23 Dec 1975  •  Ghana

Coram
MENSA BOISON J.

Appearances
C. AGBANU SENIOR STATE ATTORNEY FOR THE REPUBLIC; W. Y. OPPONG FOR THE FIRST RESPONDENT.,DR. S. K. ANKAMAH FOR THE SECOND RESPONDENT.

Judgement

MENSA BOISON J.: This is an appeal by the Republic against the decision of the District Court Grade II, Dormaa-Ahenkro, by which the first accused-respondent was absolutely discharged on his conviction on a plea of guilty to conspiracy to steal and stealing the sum of ¢60.00 contrary to sections 23 and 124 (1) respectively of the Criminal Code, 1960 (Act 29). There is further an appear against the sentence of a fine imposed on the second accused-respondent for forgery of a document, contrary to section 159 and uttering a forged document contrary to section 169, both under Act 29.

The offences arise from lotto stakes. On 5 December 1974 the first accused staked a ticket No. NC.299/567371 for 20p and NB.761/468004 for 10p. The first accused lost his stakes on those tickets which were drawn on 7 December 1974. On the following week the first accused staked on some other numbers for the draw of 14 December 1974 —which proved unsuccessful. The first accused, however, found that the two prev…

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