AMETEWEE V. THE STATE

MILLS-ODOI J.S.C.

The appellant was charged with the murder of one Salifu Dagarti and was convicted of this crime on 7 April 1964, at the Criminal Session of the High Court, Accra, at a trial before Siriboe J. (as he then was) upon the verdict of a jury. He appealed to this court and it is not without significance that his notice of appeal raised the questions with which this court has been concerned, but which were merely a repetition, with some elaboration, of the defence which he raised at the trial.

The case for the prosecution was put forward primarily by four eye-witnesses, namely, Andrews Kwaku Botwey (fifth prosecution witness), Abdulai Sissala (hereinafter referred to as Abdulai), Emmanuel Narter Dosoo (eighth prosecution witness) and Dickson Yaw Fofie (eleventh prosecution witness) and was as follows: On 2 January 1964, Abdulai was in charge of four police constables, including the appellant, who were scheduled for duty at Flagstaff House from 6 a.m. to 2 p.m. The eleventh pr…