AZU CRABBE J.A.
The appellant was on 3 February 1966, convicted before Wiredu J., sitting with a jury, of the offence of manslaughter and was sentenced to five years’ imprisonment with hard labour. In the indictment the particulars of the offence were stated as follows:
“Particulars of Offence
Isaac Biri Twum on 3 November 1964, struck one Edward Kofi Badu, now deceased, blows with his fist at the Crommer Road-Rippon Avenue junction at Korle Wokon, Accra, as a result of which the deceased sustained injuries out of which he died the next day at the Military Hospital. Accra.”
The jury returned a unanimous verdict of guilty of manslaughter, and after sentencing the appellant, the learned trial judge recorded his disagreement with the jury’s verdict in these words,
“To me the verdict of guilty cannot be supported, but I am bound by it.”
The case for the prosecution was briefly as follows: On or about 3 November 1964, at about 5 p.m. the deceased, a police constable, who was off duty, was see…