SARKODEE-ADOO, J.S.C.
The appellant, stood his trial at the Assizes held in the High Court at Ho on the 7th June 1960, for the murder of one Kofi Fiadzo at Whuti in the Trans-Volta Region on Sunday, the 24th May, 1959. The prosecution led evidence to the effect that the deceased was the younger of two sons of the appellant and early in the morning of the day in question, both children had gone to the house of a friend, one Dunya Kwaku, and were playing “sticks” together under a tree when the appellant came and called the younger son away; this was the last time the friend and the elder brother Kwashie saw him alive. Later that morning when the elder boy returned home the appellant took hold of him and started to beat him with a hoe stick; they were alone in the house. One Agbeviede, the appellant’s uncle, who was in his farm nearby was attracted by the boy’s shouts for help and in consequence raised an alarm when he came to the scene but the appellant had ran away; the boy who was ser…