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ATINGA MOSHIE ALIAS ADAMA V. THE REPUBLIC

(1976) JELR 69201 (CA)

Court of Appeal  •  28 Jul 1976  •  Ghana

Coram
ARCHER JA,KINGSLEY-NYINAH JA,HAYFRON-BENJAMIN J.A.

Appearances
T. K. OFORI FOR THE APPELLANT; MRS. J. BAMFORD-ADDO PRINCIPAL STATE ATTORNEY FOR THE RESPONDENT.

Judgement

ARCHER J.A.: The appellant was employed as a farm labourer in Babianiha, near Dormaa-Ahenkro, in the Brong-Ahafo Region and he lived in the same house as his employer. One evening in April 1969, after helping his employer and his family in shelling groundnuts, the appellant retired to his room. Shortly afterward two women who had brought the groundnuts decided to return to their own houses. All of a sudden there was some sound as if someone had fallen down. The employer, Nuhu Moshie, then got up to see what had happened. Nuhu Moshie saw the appellant standing in front of his room holding a cutlass. The appellant then attempted to strike his employer with the cutlass, but the latter managed to grab the appellant and both fell down. However, the appellant succeeded in slashing the left wrist of his employer who, realising that the appellant might kill him, escaped from the house but unfortunately he did not get very far when he collapsed. When the employer’s wife, Yaa Manua, started sh…

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