AIDOO V. THE STATE

OLLENNU J.S.C: The appellant who was convicted of the offence of murder by Djabanor J. in the High Court, Kumasi, upon the verdict of a jury, appealed against his conviction on the following grounds:

“1. The judge erred in law in failing to direct the jury as to the admission by Ampoful the independent witness that the accused told the police when the accused’s statement was being taken that there had been a struggle in the farm.

2. The judge misdirected the jury in failing to direct them that unanimity did not mean that a juror should abandon his firm belief in the truth of the defence.

3. The judge failed adequately to put the case of the defence.

4. The judge erred in law when he failed to direct the jury that the accused’s account of what transpired at the farm was unique and uncontradicted.

5. The non-direction of the judge as to the medical evidence of Dr. Selby as to provocation, indicated by the severity and number of wounds inflicted by the accused is fatal, and has thereby o…