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ANOWELE & G. NWAFOR VS THE STATE

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ANOWELE & G. NWAFOR VS THE STATE

Legalpedia Citation: (1965-03) Legalpedia 99379 (SC)

In the Supreme Court of Nigeria

Holden At Abuja

Tue Mar 23, 1965

Suit Number: SC 647/1964

CORAM


BAIRAMIAN CHIEF JUSTICE, SUPREME COURT

ONYEAMA JUSTICE, SUPREME COURT

COKER JUSTICE, SUPREME COURT


PARTIES


ANOWELE & G. NWAFOR

APPELLANTS 


THE STATE

RESPONDENTS 


AREA(S) OF LAW


CRIMINIAL LAW AND PRACTICE 

 


SUMMARY OF FACTS

The appellants and two others were convicted – 

(1) of conspiracy to commit the felony of housebreaking and stealing; 

(2) of breaking into a store,

(3) of stealing goods from the store, 

(4) of being in possession by night of housebreaking Instruments, 

(5) of being in possession of two smooth-bore firearms having a barrel which had been shortened or manufactured to a length of less than twenty inches, 

(6) of being in possession of cartridges. 

 


HELD


The Court ordered as follows –

The appeal of Chukwueloka Anowele against conviction in the Onitsha charge 0/37C/64 is dismissed, the appeal of George Nwafor against conviction under the charge was dismissed so far as counts 1, 2, 3, and 4 are concerned, and allowed in regard to counts 5 and 6, of which an acquittal was enteredts 5 and 6 a verdict of acquittal shall be entered.

 


ISSUES



RATIONES DECIDENDI


THE OFFENCE OF POACHING UNDER THE GAME LAWS


The possession of one is the possession of all. Under the Game Laws it has been held that where several persons go out poaching in the night time, and one is armed with a gun, all are armed. Per Bairamian JSC

 


CASES CITED


Reg. v. Goodfellow and others, 1 Den. C.C.81

 


STATUTES REFERRED TO


Game Laws 

 


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