APALOO J.A.
On 24 May 1966 the appellant was convicted of the murder of his brother, Maketi Konkomba, by Sowah J. sitting with a jury at the High Court, Ho, and was sentenced to death.
The appellant and the deceased were brothers of the full-blood and lived together at Kakraka village in the Volta Region. The evidence does not disclose any previous history of ill-will between these two brothers and the events of 28 October 1965, which culminated in the deceased’s death, can only be explained on the footing that the appellant had more drink than be could reasonably manage.
The only eyewitness of the incident was the eight year old son of the deceased by name Ntise. According to him, the deceased was sitting on a stool close to his house when the appellant joined him. The deceased remained seated on the stool when the appellant, who stood by, engaged in conversation with him. There was nothing in the conversation to suggest that the brothers were quarrelling. The appellant however drew a k…