Appeal Court,
2nd July, 1941.
pg
134
Criminal law and
procedure-Failure to call
material witness The appellant
(charged with Stealing, contra.
section .190 (,5) of the
Criminal Code) in the
Magistrate's Court gave a name
as a witness whom he wished to
call: he was not called.
Conviction quashed.
Unsworth
for Crown.
The following joint judgment was
delivered:-
KINGDON, C.J., NIGERIA, GRAHAM
PAUL, C J., SIERRA LEONE AND
BUTLER LLOYD, J.
In this case the appellant was
convicted upon two counts for
stealing by a person in the
public service contra, section
390
(5) Criminal Code .. Upon the
first count a most material
witness was Mr Milne, the
Assistant District Officer, in
charge of the Prison where the
appellant was a warder. The
appellant, in the Magistrate's
Court,· gave Mr Milne's name as
a witness whom he wished to be
called. Mr Milne was not called,
and the learned Acting
Solicitor-General has intimated
that in view of this failure to
call a material witness he will
not seek to uphold the
conviction on this count. The
conviction and sentence upon
count one are accordingly
quashed and it is directed that
in respect of count one a
judgment and verdict of
acquittal be entered. There is
no substance in the appeal
against the convict ion upon
count two and the appeal against
the conviction on that count is
dismissed.
'The appeal against sentence is
dismissed.
