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 …