Commissioner Of Police V. Marteifio & Ors (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Finding of guilt not recorded—Sentence passed—Sentence not upheld—Section 163 of the Criminal Procedure. Code.
Criminal Procedure—Appeal—Confusion of defendant’s names—
Omission to lodge appeal in name of intending appellant.

Facts

The 10th appellant was one of several who appealed against- a decision of the Asting District Magistrate at Aeons. This appellant was sentenced without a finding of guilty having been recorded against him.

Held

Sentence unlawful where there has been a failure to convict.

At the trial one Adjetey Adjei was discharged and one Adjettey Tetteh, among others, was convicted. When appeals were being lodged on behalf of the persons convicted, these two names were confused, and an appeal was lodged in the name of Adjetey Adjei ana none in the name of Adjettey Tetteh.

Held : That the Court could not treat the matter as though Adjettey Tetteh had appealed.

We accordingly now record that the appeal of the 43rd accused is dismissed.