ANANE V. THE STATE

CRABBE J.S.C.

The appellant was convicted at the Kumasi Criminal Session on the 16th November, 1962, of murder and was sentenced by Apaloo J. to death.

The facts are simple. On the 25th June, 1962, the deceased who lived with his daughter alone in a cottage built in their farm slept in front of his room on this fateful day, whilst his daughter slept in the room. When his daughter woke up early the next morning she found blood on her father’s arms and he was dead.

In the early hours of that same morning at about 4 a.m. the appellant went to the house of one Yaw Krah and requested Yaw Krah to keep for him a gun, a live cartridge, and a wireless set. The appellant told Yaw Krah that he was going to Nderebehi, another village, to visit his uncle, one Yaw Anane.

The appellant had helped his uncle to make a farm which had a common boundary with that of the deceased. At Nderebehi the appellant told his uncle that he had come to get more money to buy food for the labourers in the uncle’s farm. H…