AGYEMAN AND ANOTHER vs. THE STATE

JUDGMENT OF MILLS-ODOI J.S.C. Mills Odoi J.S.C. delivered the judgment of the court. The appellants were convicted by Apaloo J. (as he then was), sitting with assessors at the Criminal Session of the High Court at Kumasi on 12 December 1963, for the offences of conspiracy to steal and stealing various provisions, particulars of which were given in counts two and three of the indictment. The events leading to the charges occurred at about 2.20 p.m. on 13 March 1963 when a Mr. Gimmi, Manager of Néstles Products (Ghana) Ltd., received through the post, a forged delivery order No. K.0606 dated 28 February 1963, purporting to have been signed by him. It authorised the delivery of large quantities of provisions (valued at £G2,537) to Messrs. Ebony and Company of Tamale, which was later discovered to be a non-existent company. The case put forward by the prosecution which resulted in the convictions of the appellants is as follows: The first appellant was, until the date of his a.....