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AZU CRABBE C.J.
The appellants were convicted at the criminal session held at the High Court, Accra, on 29 May 1968, for murder and were sentenced to death by Charles Crabbe J.
The indictment upon which the appellants were charged contained the following:
“First Count
Statement of Offence
Conspiracy to murder: contrary to sections 23 (1) and 46 of the Criminal Code, 1960 (Act 29).
Particulars of offence
Amuzu Azametsi alias Kporku, Ayi Matsiado, Mensah Hukpe, Kwami Hine alias Hateka, Kwami Eyoeze alias Tordzro, Tosine Eyoeze on or about the 29th day of September, 1967 at Kedzi in the Volta Region agreed in committing a crime, namely murder.
Second Count
Statement of Offence
Abetment of a crime, namely murder: contrary to sections 20(1) and 46 of the Criminal Code, 1960 (Act 29).
Particulars of Offence
Amuzu Azametsi alias Kporku on or about the 29th day of September, 1967, at Kedzi in the Volta Region procured Ayi Matsiador, Mensah Hukpe, Kwami Hine alias Hateka, Kwami Eyoeze alias Tordz…