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Appeal from Supreme Court
exercising Appellate jurisdiction
Previous convictions.
When previous convictions are
alleged the admission thereof by
the accused should be recorded; in
the absence of such admission they
should be proved and a record made
of such proof.
There is no need to set out the
facts.
Arthur Ridehalgh
for Crown.
A.
G.
Heward-Mills
for Appellants.
The following joint judgment \\-as
delivered :-
KINGDON, C.]., NIGERIA, PETRIDES,
C.]., GOLD COAST AND STROTHER-STEWART,
J.
In this case we agree with the
decision of the Court below on the
various points raised in the
appeal, for the reasons given by
the Judge in his judgment. There
is however one point to which we
wish to draw attention, and that
is the reference to •• 3 previous
convictions" of 1st accused. It is
not stated whether these previous
convictions \\-ere admitted or
proved, and if proved, in what
manner. The proper course when
previous convictions are alleged
is to ask the accused if he admits
them and if he does, the fact
should be recorded. If he does
not, they must be properly proved
and the proof recorded. The
appeals of all the appellants are
dismissed.
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