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THE STATE
V.
MOSHIE

(1960) JELR 67509 (SC)

Supreme Court 25 Nov 1960 Ghana
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- The appeal against conviction for murder was dismissed by the court. - The appellant was charged with the murder of Kwame Affum alias Kwame Affunti on 29th August, 1959, at Koradaso Village near Begoro. - The appellant was seen slashing

Case Details

Judges:VAN LARE JSC, SARKODEE-ADDO JSC, AKIWUMI J.S.C.
Counsel:TAMAKLOE FOR APPELLANT; AMISSAH FOR RESPONDENT.
Other Citations:[1960] GLR 222 - 223

SARKODEE-ADOO J.S.C.: We dismissed this appeal against conviction for murder and now give our reasons.

The offence charged against the appellant was that he on the 29th August, 1959, at Koradaso Village near Begoro murdered one Kwame Affum alias Kwame Affunti, and in the opinion of this court there was no substance in any of the grounds argued in support of the contention that the conviction should be quashed. The appellant was seen viciously slashing the deceased with a cutlass and according to the medical evidence at the trial there were found 21 incised wounds; indeed the evidence is such that there can be no doubt that the appellant clearly intended to kill the deceased in circumstances in which no matters of provocation or self-defence could possibly arise and no reasonable jury could have arrived at any other conclusion but the verdict in this case.

We have however been much concerned with, and perturbed by, the scope and trend of the learned trial judge’s summing-up which unduly …

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