Samuel N. Thomas V. Commissioner Of Police (1949)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Larceny of ” tote ” tickets—Appellant selling tickets andpocketing proceeds—Whether larceny of tickets or of proceeds—Evidence oftickets missing 031 former occasion from books issued to appellant—Admissibility.

Facts

The appellant was issued with books of ” tote ” tickets for sale to the public at a race meeting. It was proved that the appellant had removed a few tickets from the bottom of each of some of the books, instead of from the top downwards serially.

Held

The appellant, when he removed these tickets from the books did so animo furandi and that he was correctly charged with larceny of the tickets.

Evidence was given that, on a former occasion on which tickets had been entrusted to the appellant for sale, some had been found to have been removed from the bottom of the books.

Held: This evidence was both relevant and admissible.

Appeal dismissed.