REX
V.
KWEKU MENSAH AND KWESI ADU

JELR 81178 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1941 7 WACA 212-215
CORAM
COR. KINGDON AND PETRIDES, C.JJ., AND BANNERMAN, J.
Core Terms Beta
man
crime
appellants
kwesi adu
soldiers
assault
third man
benefit of the doubt
criminal code
jury
third soldier
first appellant
proper direction
tetteh owaraka
conclusion of the jury
english language
first accused
man tetteh owaraka
only offence
probable consequence of the endeavour
use of a knife
actual murderer of tetteh owaraka
araba ntesi
different crime
facts of the case
fanti language
following provisions
gold coast
initial assault
learned acting solicitor-general
learned judge
learned trial judge
men kwesi adu
own statement
own words
particular crime
person raise
power house
provisions of sections
respective roles
respect of a particular person
short notes of his directions
stab-wound
trial judge

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND BANNERMAN, J. In this case the appellants were convicted at the Criminal Assizes held at Winneba by Fuad, J., sitting with a jury of the murder of one Tetteh Owaraka. The facts of the case are that the two appellants were soldiers stationed at Winneba Camp. On Sunday the 26th October, 1941, shortly after 7 p.m. they were in the Town of Winneba and had been drinking. They were with a third soldier. One of the three accosted two men who were passing and angry words ensued, whereupon the three soldiers ran towards the two men who ran away, but the soldiers caught one of them namely the man Tetteh Owaraka, a fisherman, and proceeded to beat him. A woman named Araba Ntesi was near by and saw and heard this happen. Then in her own words “Then I heard a voice say ‘stab him with a knife.’ 1 heard “another voice say ‘You say you are not a fool-am I the fool- “I II kill you now. . . . . . Then I heard an exclamation of “someone in agony-it …

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