SOWAH J.A.: The appellants together with two other accused persons were indicted before the criminal session held at Koforidua on 16 May 1973, with the offences of conspiracy to commit murder and murder. In the result all the five accused persons were acquitted of the conspiracy charge, and the two others, of the offence of murder. The three appellants were convicted and accordingly sentenced to capital punishment. It is from their convictions and sentences that the appellants have appealed to this court.
The case of the prosecution in effect was that while Teye Kwadjo alias Bardjo (the first appellant) Samuel Abadjie alias Red (the third appellant) and the first prosecution witness Kwasi Madjitey alias Aku Sika were serving various sentences in the Nsawam Medium Security Prisons, upon a suggestion by the first appellant, a plan was hatched whereby on their discharge they would burgle the house of the first appellant’s grandmother Koryo Wornu, the victim of this cruel murder. The first…