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(1949) JELR 87072 (SC)

Supreme Court  •  14 Dec 1949  •  Nigeria

AMES, Acting S.P.J


AMES, Acting S.P.J

As to the first accused, there is insufficient evidence against him of either entering or stealing and the only question, as far as he is concerned, is whether a case of receiving has been proved beyond reasonable doubt.

The record player and shirts were in fact stolen from a dwelling house on the 21st of August, at some time before 10 am. At 3.30 pm on the 22nd the first accused and one other person, da Silva, as I will call him went together to one Major Jones of the Salvation Army, and da Silva tried to get him to buy the record payer. (The shirts, I may say here, have not been discovered). The record player was in the possession of da Silva ; it was (for anything that has been proved to the contrary) da Silva who appeared to be the owner of it and it was da Silva also “who did all the taking”. What the first accused did, and he doesn’t deny it was to take da Silva to MajorJones, whom he knew and whom he had suggested to da Silva as being likely to buy it. They wen…

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