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…

ADDO V. THE STATE

ADDO
V.
THE STATE