ADDO
V.
THE STATE

(1965) JELR 63935 (SC)    
Supreme Court  ·  5 Mar 1965 ·  Ghana
CORAM
MILLS-ODOI J.S.C,OLLENNU J.S.C,SIRIBOE J.S.C.
Core Terms Beta
appellant
jury
defence
second prosecution witness
first prosecution witness
verdict
prosecution
cape coast
knife
motive
counsel
direct jury
learned judge
reasonable doubt
trial
counsel’s submissions
criminal code
drunkenness
evidence
good terms
learned trial judge
police station
regard
absence of any motive
brothers
charles kofi aidoo
close of the case
consideration of the whole of the evidence
counsel’s contention
course of his sleep
cross-examination
deceased shout
evidence of the first prosecution witness shows
face of the record
facts of the case
first prosecution witness’s evidence
first time
following day
following statement
grounds of appeal
medical officer’s evidence
mr. essilfie-bondzie
provisions of section
second prosecution witness’s house
section
separate rooms
siriboe j.s.c.
stab wound of the abdomen
state attorney
younger brother

SIRIBOE J.S.C.: The appellant was convicted of murdering one Charles Kofi Aidoo on 14 December 1963 at Moree, near Cape Coast. The trial was before Charles J. sitting with a jury, and it is against that conviction following the verdict returned by the jury, that the appellant has appealed to this court.

The grounds of appeal filed which were argued by leading counsel for the appellant (Mr. Essilfie-Bondzie) are:

“(1) the verdict cannot be supported having regard to the evidence adduced before the court.

(2) The learned trial judge misdirected the jury in his summing-up by:

(a) Not putting the defence adequately to the jury.

(b) Wrongly directing them to return two possible verdicts, namely, murder or manslaughter.”

Before considering learned counsel’s submissions on these grounds, it is expedient to set out the facts of the case for the prosecution and the defence respectively.

For the prosecution, it was alleged that the deceased, the appellant and the second prosecution witness were brothe…

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