KORSAH C.J.: (His lordship stated the facts and the grounds of appeal, and continued:-)
In our view, there is evidence on record upon which the Court might reasonably have convicted the appellant of the offence for which he was arraigned before it. We have, however, been obliged to allow the appeal by reason of errors which are apparent on the record, and which vitiate the conviction and the sentence imposed upon the appellant by the learned Commissioner of Assize and Civil Pleas.
This was a trial with assessors, and there is an essential difference between trial by a court with the aid of assessors, and trial by a court with a jury. Assessors are merely required to give their opinions to the Judge, who must thereafter pronounce his own verdict whether the accused is guilty or not guilty, irrespective of what opinions the assessors may have expressed. Thus Section 277 of the Criminal Procedure Code provides:
“The opinion of each assessor shall be given orally, and shall be recorded in wr…