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ACHARE V. THE REPUBLIC

(1975) JELR 82694 (CA)

Court of Appeal  •  5 Feb 1975  •  Ghana

Coram
LASSEY, JA, KINGSLEY-NYINAH, JA AND FRANCOIS, JA

Appearances
Asiamah for the appellant. S. E. Asamoah, Principal State Attorney, for the respondent.

Judgement

JUDGMENT

Kingsley-Nyinah, JA

In the afternoon of 27 December 1970, Joseph Emil Awanwore who was then aged about 36 years (hereinafter referred to as the deceased) was found in his room, dead and in a pool of blood. His wife, Alice Emil Sakeboba, who gave evidence as the third prosecution witness, testified that while she sat feeding their baby outside their house, her attention was attracted by the sound of a fall in their room where she had, shortly before, left the deceased and the appellant together. Going in to find out what had caused that sound, she saw her husband, the deceased, lying face downward, and the appellant "holding a pressing iron" in the room.

The mortal remains of the deceased were later removed by the Navrongo Police to the hospital mortuary where the routine post-mortem examination of the corpse drew from Dr. John Benjamin Brew (medical officer in charge, and the prosecution's first witness) the opinion that, "death was due to a head injury, which could have been ca…

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