DEANE, C.J., GOLD COAST.
On 21st December, 1933, a gang of men, who had whitened their faces so as to conceal their identity as far as possible, executed a night raid at the house of one; Adebiyi Omoba, at Alagba Village, and carried away his property-they also in the course of the raid inflicted injuries upon Adebiyi Omoba as the result of which he died a day or two after. Later, on information obtained by the police, eight men were arrested, and in due course brought to trial on 1st October, charged with the murder of Adebiyi Omoba, and of them appellant and three others were convicted on the charge, the other four being acquitted. Against his conviction and sentence of death the appellant has appealed.
Four elements must necessarily be proved to sustain a conviction in a case of this kind-it must be proved:
1.That a common design was formed to break in and rob. 2.That in the execution of that design violence was used. 3.That as the result of that violence death ensued. 4.That the pe…