ANIN J.A.: On 26 June 1970 we allowed this appeal from a conviction for murder by the Accra High Court dated 5 February 1969; and substituted for the mandatory death sentence, a conviction for manslaughter and sentence to a term of ten years’ imprisonment with hard labour. We now give our reasons for our judgment.
The appellant herein stood trial on indictment charged with the offence of murder, contrary to section 46 of the Criminal Code, 1960 (Act 29). The particulars of offence were that he murdered No. 8767E/CPL Chin-Lowu Losso (corporal Losso, for short) on 25 January 1967 at Asikasu near Adeiso. The case for the prosecution was that on the day in question corporal Losso travelled to Asikasu to effect the arrest of the appellant, against whom a complaint of assault had been lodged at the Adeiso Police Station by one Felicia Ayorkor Annan, the first prosecution witness.
According to the prosecution, when the first prosecution witness and corporal Losso arrived at Asikasu, they saw …