COUSSEY J.A.:
The appellant and thirteen other persons were indicted for that they purposely encouraged the commission of a crime by a person or persons*Page 30unknown, namely, the murder of one Kwabena Nsiah. At their trial at the Ashanti Assizes by a judge and three assessors thirteen of the accused were acquitted while the appellant was convicted of murder.
Section 47 (2) of the Criminal Code provides:
..If a person abets a riot or unlawful assembly with the knowledge that unlawful violence is intended or is likely to be used, he is guilty of abetting violence of any kind or degree which is committed by any other in executing the purposes of the riot or assembly, although he did not expressly intend to abet violence of that kind or degree. "
Applying this section to the facts established, there is no doubt, notwithstanding the alibi set up by the appellant, which was rejected, that he was one of several persons who assembled at the premises of the Krontihene and who had resolved to pre…