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THE STATE
V.
OHENE-KESSON AND MENSAH IN THE SUPREME COURT

(1961) JELR 67569 (SC)

Supreme Court 24 Nov 1961 Ghana
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- The appellants, Kesson and Mensah, were convicted of conspiracy to commit abortion and other related offenses. - The prosecution's case was based on the testimony of Wilhelmina Richter, who claimed that Kesson had assisted her in attempti

Case Details

Judges:VAN LARE JSC, SARKODEE-ADOO JSC ,ADUMUA-BOSSMAN JSC
Counsel:KOI LARBI FOR THE FIRST APPELLANT, G. R. MC V. FRANCOIS FOR THE SECOND APPELLANT ,K. DUA SAKYI WITH HIM ADJETEY FOR THE RESPONDENT (THE STATE).

ADUMUA-BOSSMAN J.S.C.

The two appellants (who will be referred to throughout this judgment simply by their surnames, Kesson and Mensah respectively) were together convicted on the 25th January, 1961, during the January Criminal Session of the High Court, at Accra, by Acolatse, J., sitting with assessors, upon an information which charged them jointly with conspiracy to commit abortion, contrary to sections 49(1) and 245 of the Criminal Code Cap. 9 (1951 Rev.) and also individually with separate offences, that is to say Kesson, with attempt to commit abortion contrary to sections 44 (1) and 245, and Mensah with committing abortion contrary to section 245 of the said Criminal Code, and they have appealed against their convictions. The prosecution’s case against them, as disclosed in the evidence of the first and principal prosecution witness, a girl who at the material time was in training at the Nursing School, Korle Bu, called Wilhelmina Richter (who will hereafter be referred to shor…

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