PETRIDES, C.J., GOLD COAST, YATES AND STROTHER- STEWART, JJ.
The five appellants were tried and convicted for the murder of one Kwabena Donkor Moshie, whom we shall refer to as the deceased.
The first appellant was the Native Administration Superintendent of the Native Prison, Juabeng, Ashanti. The second and third appellants were Government Police Constables stationed at Juaso, Ashanti. The fourth and fifth appellants were warders working under the first appellant.
The case for the Crown was as. follows:-
Deceased had been in custody from about the 27thMarch till the moment of his death on the 30th March, 1938, on suspicion i of having stolen money and other things from the house of one Atta Buadu of Apimsu. In the forenoon and afternoon of Wednesday the 30th March, 1938, a series of brutal assaults were committed on the deceased by the first and second appellants. The assaults consisted of pouring hot water on the head of the deceased and heating him with a stick. The beatings were so …