ADDO
V.
THE STATE
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…