Musa s/o Salum v. R., Crim. App. 689-M-67, 4/10/67,

Musa s/o Salum v. R., Crim. App. 689-M-67, 4/10/67, Cross J. 

Accused was convicted of cattle theft. There was evidence that unknown persons found the cow and gave it to one Haruna to find the owner. Haruna took it to accused, a village headman, so that he could trace the owner. Accused had the cow slaughtered and kept the proceeds from the sale of the meat. The particulars of the offence alleged that the cow was the property of Haruna or of an unknown person or persons.

            Held: (1) The allegations as to ownership rendered the charge duplex. (2) the magistrate could have found on the evidence that the persons who found the cow were “special owners” as defined in Penal Code, section 258(2)(e), and he should have amended the charge accordingly. (3) The defect cannot be remedied on appeal. Conviction quashed.