JUDGEMENT
Ollenu J.A.
The appellant was convicted of murder by the High Court, Kumasi, upon the verdict of a jury.
The facts of the case are very simple; briefly, they are as follows: The appellant, a mason by trade, lived in Atonsu village near Asukwa, Kumasi. On 7 December 1965, a complaint was made to the police at Asukwa against the appellant by a man, not called as a witness by the prosecution, and who, from the cross-examination of the appellant, appears to be a co-tenant with the appellant, that the appellant had threatened to kill him. Pursuant to that report the deceased, a police constable, went to the house where the appellant lived and invited him to go with him to the police station; he met the appellant sitting on a mat on the floor in his room and asked him to get up and go with him; the appellant refused. The first prosecution witness who also entered the room told the appellant to comply with the request of the police. The appellant then told the two of them to get out o…