Ratio Decidendi



COMMISSIONER OF POLICE
V.
OSEI YAW AKOTO

(1964) JELR 69856 (HC)    
High Court  ·  16 Mar 1964 ·  Ghana
 · 
Other Citations
[1964] GLR 231
CORAM
AKAINYAH J.

Ratio Decidendi

Core Terms Beta
counsel
submission of no case
answer
case
court
section
submission
criminal procedure code
application
defence
law
view
wording of section
accra
accused of no case
acquittal
akainyah j.
counsel’s narrow interpretation
defence counsel
dismissal of the charge
district magistrate
duty
evidence
following grounds of appeal
fundamental principle of our criminal procedure
learned district magistrate
learned exposition of the law
learned state attorney
learned trial magistrate
legal submission
legislature
novelty
november
own interest
person
point
proper interpretation of section
prosecuting state attorney
prosecution
provision
respect
right of reply
ruling of the learned trial magistrate
state attorney

AKAINYAH J.

In this application for leave to appeal against the dismissal of the charge and the acquittal of the accused by the District Magistrate, Accra, following a submission by counsel for the accused of no case to answer, the learned state attorney filed the following grounds of appeal:

“1. The ruling of the learned trial magistrate was unreasonable and cannot be supported by the evidence.
2. The learned trial magistrate wrongly refused to allow the prosecuting state attorney to reply to the legal submission of ‘no case to answer’, made by the defence counsel.”

Counsel abandoned the first ground of appeal and argued only the second. He seriously contended that counsel for the accused had no right to make the submission of no case to answer and that the learned district magistrate erred in law by allowing the submission to be made and refusing to allow the prosecuting counsel to reply to the submission. In his view the proper interpretation of section 173 of the Criminal Procedure C…

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