CRABBE J.S.C. delivered the judgment of the court.
The appellant was convicted before Sowah J., sitting with a jury in the Criminal Sessions at Cape Coast on the 30th November, 1962. The offence charged against him was that he, on the 29th September, 1962, at Essiam in the Central Region, murdered one Kofi Buabeng.
It was not disputed that the death of the deceased was caused by the act of the appellant, and the sole issue at the trial was whether the killing was intentional.
The appellant was the only eye-witness and after he had surrendered himself to the police on the same day he made the following statement:
"Today at about 1.00 a.m. I heard my dog barking. I woke up and heard someone trying to force open my window. I got up, took my gun and went out; but I did not see anybody, I went to the street and stood near Kojo Abiri's store. I was there when I saw someone coming from the direction of the latrine. I challenged the party as to whom he was, but the party did not answer. I challe…