Sir George Rankin.:-

The appellant, Otto George Gfeller, is a Swiss national. At Lagos, in July 1941 he was tried by the Supreme Court of Nigeria on a charge framed under S.427, Criminal Code of Nigeria, that he did on 20th February 1941 receive 156 bottles of Gordon's gin, knowing the same to have been stolen. He was convicted and sentenced to three years' imprisonment with hard labour. On appeal to the West African Court of Appeal his conviction was upheld but his sentence was reduced to 18 months' imprisonment with hard labour. From this decision, dated 6th November 1941 he appeals to His Majesty in Council by special leave. Their Lordships are informed that he has undergone the imprisonment to which he was sentenced. His learned counsel, Mr. Douglas, focussed a most careful and accurate review of the evidence by submitting, first, that there was no such evidence as could properly be left to the jury, and secondly, that the appellant's individual case had not been properly laid before the jury by the learned Judge in his summing up, with the result that the appellant did not have "the substance of fair trial." He maintained that his criticisms if made good would satisfy the condi