NYINA vs. COMMISSIONER OF POLICE

JUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. The appellant was charred before the District Court, Kumasi, jointly with one Kwame Dapaa, with two counts of stealing contrary to section 124 of the Criminal Code, 1960.1 Before the trial commenced, the said Kwame Dapaa was certified insane and admitted as a patient of the Mental Hospital; the prosecution therefore withdrew the charge against him and proceeded against the appellant alone. The trial court found the appellant not guilty of stealing but convicted him of receiving by virtue of the provisions of section 156 of the Criminal Procedure Code, 1960.2 The reasons given by the learned district magistrate for so convicting him are as follows: “From the nature of the goods, the manner they were conveyed to the accused, his conduct before the police at Kwadaso on the date in question, his conduct in connection with this case coupled with the falsehood he tells the court, there is not the iota of doubt.....