JUDGEMENT
APALOO J.A.
The Republic appeals against the ruling of Anterkyi J. in a murder case decided on 21 January 1972. By that ruling, the learned judge held "that no sufficient case has been made out to warrant the accused being called upon for his defence.” He accordingly advised the jury to return a formal verdict of not guilty. This they did resulting in the acquittal of the respondent.
The Republic says that ruling was erroneous and that it resulted in a substantial miscarriage of justice. We were accordingly invited to reverse it and make such order as the justice of the case warrants. The learned judge's finding of “no case" was arrived at after he had excluded as inadmissible, a statement made by the deceased which the prosecution sought to adduce as a dying declaration. The learned judge held, for the reasons which we shall presently examine, that the statement did not satisfy the legal requirements of a dying declaration. This conclusion is seriously questioned by this appe…