BOATENG II V. THE REPUBLIC

AZU CRABBE C.J.

The appellant was convicted at the Criminal Session held in the High Court, Koforidua, on 3 March 1972, before Quashie-Sam J. and a jury, of the murder of one Osei Kwadjo, and was sentenced to death. He has appealed to this court alleging various grounds of misdirection by the learned trial judge in his summing-up.

The appellant is the odikro of Asunafo village in the Akim Abuakwa Traditional Area. The deceased, who also lived at Asuboni in the Kwahu Traditional Area, farmed on land, which had, for four years previous, been the subject-matter of litigation between the appellant on the one hand, and the deceased and other Kwahu farmers on the other. On 26 January 1971, the sister, nephew and wife of the appellant were arrested by one of the labourers of the deceased on a part of the disputed land for allegedly stealing foodstuffs and were taken to the Asuboni Police Station and kept in custody until the next morning. At about 1 a.m. on 27 January 1971, the appellant led a…