DANIELS vs. THE REPUBLIC

In this appeal the only ground canvassed on behalf of the appellant is that of misdirection by the magistrate on the law pertaining to the evidence of an accomplice. Without going into the facts at length which are very clear on the record, there are certain aspects of this case which need to be commented upon. The principal witness in this case, one Acquah, was rightly found by the trial magistrate to be an accomplice in this case where ten iron rods being the property of the Posts and Telecommunication Department, Tema, were allegedly stolen by the appellant. Both the accused and Acquah were at the material time employees of the Posts and Telecommunication Department, and the evidence shows that both the accused and Acquah were living in one house and that it was Acquah who in fact conveyed the iron rods to the welder for work on the windows of that house. On these facts, the learned trial magistrate made the following findings: “. . .to that extent he was an accomplice but I .....