THE STATE V. SOWAH AND ESSEL

CRABBE J.S.C.

The appellants were jointly charged on two counts, one of unlawful entry and the second of stealing, and were convicted by Simpson, J. The simple facts which were proved in support of the charges were that the second appellant and the complainant (P.W.2) lived in one room in the house of one Osei Kwabena at Asafo in Kumasi. On the day of the alleged unlawful entry and stealing the complainant said that he left home for business at about 7 a.m. after having locked his door and taken his key with him. Later the same day the two appellants were seen in the room of the complainant by the house-owner, Osei Kwabena, who thinking that the second appellant had obtained the key from the complainant at the latter’s place of business asked no questions and went and sat by a friend outside the house. Soon the two appellants came out of the house and the first appellant was seen carrying two handbags on his head. The behaviour of the appellants aroused the suspicion of the house-owne…