HAUSA vs. COMMISSIONER OF POLICE

JUDGMENT OF CHARLES J. Counsel for the appellant has contended that the charge of which the appellant was convicted is bad in law. It will be convenient for me to set the charge out fully. “1. Yahaya Hausa, Cornmiller, 2. Yaro Zabrama, Unemployed, 3. Bawa Hausa, Butcher, 4. Gariba Sokoto, Butcher, 5. Mama Fulani, Butcher and 6. Amadu Hausa, Butcher:— For that you on the 1st day of August, 1962, at Saltpond in the Cape Coast magisterial district and within the jurisdiction of this court, in a public place to wit in a house at Eguabadu-Saltpond, were found gaming with cards and money.” It is quite clear that from the statement of offence and the particulars thereof that the accused was charged with gaming in a public place. When the case came before the learned magistrate on the 20th August, 1962, the prosecution applied to withdraw the charge on the ground that the accused was not seen in a public place but in a house and that it was only on one acc...