FOLI VIII AND OTHERS
V.
THE REPUBLIC
KINGSLEY-NYINAH J.
At their arraignment and subsequent trial before his honour Festus N. Amarteifio, circuit judge, each and all of the defendants-appellants herein suffered jeopardy on charges of:
(1) Conspiracy to commit crime contrary to sections 23 (1) and 24 (1) of the Criminal Code, 1960 (Act 29);
(2) Causing harm to dead body contrary to section 285 of Act 29.
The offence of conspiracy is committed under section 23 (1) of Act 29,
"If two or more persons agree or act together with a common purpose for or in committing or abetting a crime, whether with or without any previous concert or deliberation...”
In Halsbury's Laws of England (3rd ed.), Vol. 10 at pp. 310 – 311, para. 569 there occurs the following treatment of the offence:
“If two or more persons agree together to do something contrary to law, or wrongful and harmful towards another person, ... The persons who so agree commit the crime of conspiracy . .
The gist of the offence lies in the bare engagement and association to d…