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(1972) JELR 63706 (HC)

High Court  •  14 Apr 1972  •  Ghana



FRANCOIS J.: The applicants were allegedly charged with rioting with offensive weapons contrary to section 199 of the Criminal Code, 1960 (Act 29). It appears that at the conclusion of the prosecution’s case the learned magistrate called on the applicants to enter upon their defence. The applicants, being aggrieved by this ruling, filed a notice of appeal in the High Court, and applied to the district magistrate to stay proceedings. This was refused and the applicants have brought this application seeking an order to stay proceedings in the district court until the determination of the appeal pending before the High Court; and a decision of this court has consequently been sought.

The applicants urge that the charges as laid could not be supported by the evidence and therefore a ruling compelling them to lead evidence was wrong. The applicants further claim the right of appeal on an interlocutory matter under section 324 of the Criminal Procedure Code, 1960 (Act 30) [which is set out i…

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