Lord Porter.-

This is an appeal in forma pauperis brought by special leave from a judgment of the West African Court of Appeal dated the 27th April 1940, whereby, the appellant appeals against his conviction by the High Court of the Protectorate of Nigeria on 13th February 1940, for breaking and entering a building and committing a felony therein. The appellant, a police constable, was charged, together with three other constables and three other persons, with having broken and entered a store at Ogbomosho and having stolen therefrom £300. There were other indictments not now material. The charge was originally investigated in the District Magistrate's Court at Ibadan and after the evidence had been given for the prosecution the appellant together with the rest of the accused reserved his defence. All seven defendants were then committed for trial at the nest Ibadan Assizes. The trial began on 1st February 1940, when the appellant pleaded not guilty and stated that he was represented by a barrister-a Mr. Wells Palmer. As this gentleman was not in Court the learned Judge adjourned the trial until the following morning and gave instructions that a wire was to be sent to Mr. Wells Palm