JUDGEMENT OF BRUCE-LYLE JSC
BRUCE-LYLE J.S.C. delivered the judgment of the court. This is an appeal from a conviction for murder at the Criminal Session of the High Court held at Accra on 8 June 1964.
The case for the prosecution is that the appellant and his wife, the deceased, lived in the same village but that after a quarrel the deceased left the village and went to stay in another nearby village called Kobokobo, about three miles away, in the house of one Kwame Atta, the third prosecution witness. The appellant used to visit his wife at her village and sometimes spent the night with her. On Sunday evening, 13 September 1963, the appellant visited the deceased, and after exchanging greetings with the third prosecution witness entered the deceased's room. In the room, according to the third prosecution witness, the appellant attempted to have sexual intercourse with the deceased but she refused. At this stage the third prosecution witness left for the odikro's house to take part in …