YENTEBISI
V.
THE REPUBLIC

(1987) JELR 65313 (CA)    
Court of Appeal  ·  3 Nov 1987 ·  Ghana
CORAM
ABBAN JA,OSEI-HWERE JA,AMPIAH J.A.
Core Terms Beta
appellant
jury
evidence
misdirection
accra
learned trial judge
conviction
counsel
defence of provocation
injuries
axe
chief state attorney
murder
objection
overwhelming evidence
record
substantial miscarriage of justice
uncle kolbilla
abban j.a.
case
correct direction
detailed evidence
effect
evidence of assault
evidence of the second prosecution witness
exhibit c
exhibit d
eyewitness
fatal injuries
grave miscarriage of justice
grounds
grudge
high court
issue of provocation
last paragraph of that statement
learned trial judge’s failure
letter
part of the trial judge
pieces of evidence
republic
second prosecution witness’ yard
second statement
statement
substance of these grounds
sufficient evidence
support
test
third prosecution witness
view
way

ABBAN J.A.: The appellant was convicted of murder on 25 October 1982 and sentenced to death by the High Court, Bolgatanga. It is from that conviction that he appealed to this court on several grounds.

The substance of these grounds was that there was a misdirection on the part of the trial judge in his summing up to the jury, in as much as the learned trial judge failed to direct the jury adequately on the defence of provocation; and that he also failed to leave the issue of provocation to the jury as an alternative defence.

Learned counsel for the appellant submitted that the learned trial judge practically withdrew the defence of provocation from the jury by impressing on them that there was no evidence from the appellant to show that before the fatal injuries were inflicted, the deceased did anything which could amount to provocation in law so as to entitle the appellant to the benefit of manslaughter. For there was evidence from the appellant that the appellant was attacked by the …

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