THE STATE vs. LAWMANN [1961]DLSC1370

Date	1961-11-24
Suit No.
Citation No.	[1961]DLSC1370

VAN LARE JSC

SARKODEE-ADOO JSC

ADUMUA-BOSSMAN JSC

B. J. DA ROCHA FOR THE APPELLANT

K. DUA SAKYI

DIRECTOR OF PUBLIC PROSECUTIONS

WITH HIM P. A. ADJETEY FOR THE RESPONDENT (THE STATE).

[1961]DLSC1370
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >

&nbsp;[SUPREME COURT]

[1961] GLR 698

DATE: 24TH NOVEMBER, 1961.

</div>

COUNSEL:&nbsp;&nbsp;

B.
J. DA ROCHA FOR THE APPELLANT.

</div>

VAN LARE, SARKODEE-ADOO AND
ADUMUA-BOSSMAN, JJ.S.C.

</div>

&nbsp;

Crabbe, J.S.C. delivered the judgment of the court. The appellant
in this case was on the 24th May, 1960, searched by a detective corporal of the
Ghana Police and two photostat copies of a deed of gift, dated the 30th
November, 1932 (exhibit B1 and exhibit B2) were found in his possession. He was
subsequently charged at the Criminal Sessions at Accra on an indictment
containing five counts, as follows:

PATRICK TIMOTHY TETTEY LAWMANN on a day unknown in or about the
year 1932, at Accra in the Eastern Judicial Division of Southern Ghana, with
intent to defraud, forged a certain document purporting to be a Deed of Gift
dated 30th November, 1932. Second Count UTTERING FORGED DOCUMENT Contrary to
section 324 of the Criminal Code Cap. 9. PARTICULARS OF OFFENCE PATRICK TIMOTHY
TETTEY LAWMANN on the 19th day of June, 1957, at Accra in the Eastern Judicial
Division of Southern Ghana, with intent to pervert the course of justice,
uttered a certain forged document purporting to be a Deed of Gift dated 30th
November, 1932, knowing it to be forged.

<a name="_gjdgxs"></a>PARTICULARS OF OFFENCE PATRICK
TIMOTHY TETTEY LAWMANN on the 22nd October, 1957, at Accra in the Eastern
Judicial Division of Southern Ghana, with intent to defraud, uttered a certain
forged document purporting to be a Deed of Gift dated 30th November, 1932,
knowing the same to be forged, by registering it with the Deeds Registry,
Accra. Fifth Count POSSESSING A FORGED DOCUMENT Contrary to section 325 of the
Criminal Code Cap. 9. PARTICULARS OF OFFENCE PATRICK TIMOTHY TETTEY LAWMANN on
or about the 24th day of May, 1960, at Accra in the Eastern Judicial Division
of Southern Ghana, with intent to defraud, had in his possession a forged
document purporting to be a Deed of Gift dated 30th November, 1932.”

He was tried before Acolatse, J., sitting with a jury, convicted
on all the counts and sentenced to one year’s imprisonment with hard labour,
sentences to run concurrently. Against that conviction he has appealed to this
court.

&nbsp;

The pith of the prosecution’s case is that the appellant had
forged the deed of gift, dated the 30th November, 1932, and that consequently
exhibits B1, B2 and E which are photostat copies of the original deed and the
site plan show the forgeries. It is not disputed that the photostat copies
found in the appellant’s possession on the 24th May, 1960 as charged in count
five were uttered by him in judicial proceedings on the 19th June, 1957, and
the 25th June, 1957, as alleged in counts 2 and 3 respectively and also that he
uttered it on the 20th October, 1957, for registration at the Deeds Registry,
Accra, also as alleged in count 4. The only issue, therefore, was whether the
original of these photostat copies had been forged by the appellant as charged
in count one. It was conceded at the trial, and now in this appeal, that
acquittal or conviction on the various counts depended on the jury’s verdict on
</main>