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BILLA MOSHIE V. THE REPUBLIC

(1977) JELR 68131 (CA)

Court of Appeal  •  20 Jun 1977  •  Ghana

Coram
ANIN JA,ANNAN JA,FRANCOIS J.A.

Judgement

ANIN J.A.

The appellant was on 24 March 1977 found guilty by the Sunyani High Court by the unanimous verdict of a seven-man jury of the charge of murdering one Musah Moshie and was duly convicted and sentenced to death. The deceased was a watchman employed by the Techiman Distillers Co-operative Society to guard by day and night their precious akpeteshie distilling installations and drums for storing finished akpeteshie; and the appellant was his houseboy or possibly a co-watchman.

The prosecution rested their case on the evidence of two witnesses and on an alleged confession statement of the appellant. Their first witness, Kwame Ankama, a committee member of the Distillers Co-operative Society, recounted how the appellant, “holding a lantern and carrying a bow and arrows,” knocked at his door at about 9.30 p.m. on the day of the incident. On being let in, the appellant announced to him that he had killed a thief at the distillery site and he had therefore come to apprise him of that f…

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