[1994]DLSC10222November 25, 1994Supreme Court

COMMISSIONER OF POLICE vs. DONKOR

Van Lare, J.S.C. delivered the judgment of the court. [His lordship narrated the facts as set out in the headnote and continued:] It is in respect of these facts that the appellant was convicted. From his reasons, however, the trial district magistrate was satisfied that there was no direct evidence to connect the appellant with the offence charged, but he was of opinion that the facts and circumstances of the case gave rise to no doubts in his mind as to the guilt of the accused and he appeared to base this conclusion on the fact that although the appellant had opportunity to deny the charge be given as to whether the articles could have been stolen from the room during the time the appellant left the room for town. For these reasons we allow the appeal, quash the conviction, set aside the sentence and order an acquittal and discharge. DECISION Appeal allowed. Appellant acquitted and discharged.