OSHIN V IGP

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

These arguments had also been advanced by the appellant at his trial to no

avail. The trial Judge found him guilty because the evidence showed that the ac-

cepted finger-prints of the appellant were similar to the finger-prints discovered

on the louvre exhibit "A" which was one of the louvres removed by the Police from

the house of the 1st prosecution witness which had been broken into. The method

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by which entry had been gained into the premises was in fact through the window

by removing some 8 or 10 of these louvres from their fastenings.

We are of the view that there is no substance in this appeal and that the con-

viction based solely as it was on the similarity of the finger-prints under the circum-

stances of this appeal is sound. The learned Author of Wills on Circumstantial

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Evidence the 6th edition refers to an unreported case tried in 1908 at Birmingham

in these words at page 203:-

"A burglary had been committed and the offender had left the imprint of one or

more of his fingers on a champagne bottle. Twelve identical ridge character-

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istics were pointed out in the two sets of impressions, but the learned Judge

was so far from being satisfied that he twice invited the jury to say that they were

not satisfied. The jury, however, did not accept the invitation and convicted the

prisoner".

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This appeal against conviction will therefore be dismissed. Strictly speaking

there is no appeal against sentence, but the appellant has attacked the sentence

as being excessive in his last ground of appeal against his conviction. We see no

reason to alter the sentence passed on the appellant.

Appeal dismissed.

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OSHIN V. I.G.P.

30

GEORGE OSHIN

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APPELLANT

V

INSPECTOR GENERAL OF POLICE

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RESPONDENT

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SUIT NO. FSC 326/1961

FEDERAL SUPREME COURT.

BRETT,

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F.J.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

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26th January, 1961.

Criminal Law - Stealing - False pretences - Distinction - Physical Possession

Conversion - Power to convict of false pretences under charge of stealing

Altering the finding on appeal.

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Legislation - Criminal Code, ss. 383(1), 383(4), 419(1) - Criminal Procedure

Ordinance, s.174(2).

ISSUES:

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1. Whether the word "obtains" in a charge of obtaining by false pretences merely

means that the accused obtains the possession of the alleged stolen thing or

obtains the property thereof.