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AWOTWE
V.
THE STATE

(1967) JELR 69054 (CA)

Court of Appeal 26 May 1967 Ghana
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- The appellant was convicted of murder in the High Court, Sekondi. - The appellant appealed the conviction on three grounds. - The original ground of appeal alleged that the trial court failed to consider the defense of alibi. - Additional

Case Details

Judges:AZU CRABBE JA,APALOO JA,LASSEY J.A.
Counsel:AGBESI FOR THE APPELLANT; K. GYEKE-DAKO PRINCIPAL STATE ATTORNEY FOR THE RESPONDENT.

AZU CRABBE J.A.: The appellant in this case was convicted in the High Court, Sekondi on 22 November 1965, before Djabanor J., sitting with a jury, for the murder of one Ama Kessewah on 25 May 1965, at Tarkwa-Banso in the Western Region. Against this conviction the appellant has appealed to this court on three grounds. In the original notice of appeal filed by the appellant the only ground of appeal alleges that the trial court failed to consider accurately the defence of alibi. At the hearing of this appeal counsel for the appellant, Mr. Agbesi, was granted leave to argue the following additional grounds of appeal:

“(a) the taking of the jury’s verdict was irregular and amounts to a substantial miscarriage of justice.

(b) That the verdict cannot be supported having regard to the evidence.”

Having listened to the arguments of counsel in support of the original ground of appeal and the second of the additional grounds of appeal, we are of the opinion that there is no substance whatsoever …

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