The following judgment was delivered :KINGDON, c.J., NIGERIA.
This is an appeal against the conviction of the accused on two counts, namely :-
1. Preparation for coining gold and silver coin, contrary to section 148, subsection (2), of the Criminal Code.
Particulars :-
Ogugua Onuoha on or about the 24th day of July, 1935, in the province of Owerri made four pieces of metal into a fit size or figure to facilitate the coining therefrom of four counterfeit current silver coins to wit resemblances of two current alloy one shilling and of two current alloy sixpenny pieces.
2. Preparation for coining gold and silver coin, contrary to section 148, subsection (3) (c), of the Criminal Code.
Particulars :-
Ogugua Onuoha without lawful authority or excuse on or about the 24th day of July, 1935, in the province of Owerri had in his possession thirty-four moulds adapted to make either sides of current silver coins to wit resemblances of current alloy florin and one shilling and sixpenny pieces or parts of either sides thereof knowing the same to be such moulds or to be so adapted.
The accused was convicted on both counts and sentenced to
six years' imprisonment with hard labour on each count, the sentences to run concurrently.
The grounds of appeal are:-
(a) The Court was wrong in convicting me since the prosecution failed to prove that I had made or was privy to making the pieces of metal and or instruments exhibited.
Rex v. Ogugua Onuoha.
(b) That the prosecution failed to prove any mens rea in support of either of the two charges, the bare possession being compatible with the act of some malicious person.
(c) The Court was wrong in law in convicting me, the prosecution having failed to prove any guilty intent or guilty knowledge on my part as required by the provisions of section 148, subsection :!, and section 148 subsection 3 (c).
(d) There was at the trial a reasonable doubt of which I was not given the benefit by the Court.
(e) There was no legal evidence to justify my conviction on the two charges laid against me.
(f) Verdict against the weight of evidence.
The facts of the cases as proved by the prosecution are as follows :-
On certain information received, Isaac Aba, P.e. No. 3877, in the early morning before daybreak in company with one Ukaeje, proceeded to the house of the accused and charged him with counterfeiting. The accused denied the charge and said that the constable could search his house. In company with the accused the con
