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DABLA V. THE STATE

(1963) JELR 83849 (SC)

Supreme Court  •  7 Jun 1963  •  Ghana

Coram
ADUMUA-BOSSMAN JSC, OLLENNU JSC AND BLAY JSC.

Appearances
S. Gyandoh, Jnr. For the Appellant. D.F. Annan, Senior State Attorney, For the Respondent.

Judgement
<p style="text-align: justify;"><strong>BLAY J.S.C. </strong></p><p style="text-align: justify;">The appellant, who was charged with the murder of his wife one Akuia Agbozo, was tried in the High Court, Accra, presided over by Akainyah J. sitting with a jury. He was convicted of the charge by the unanimous verdict of the jury after what appears to be a careful summing-up by the learned trial judge.</p><p style="text-align: justify;">Against this conviction he has appealed to this court on the ground. <em>&quot;That the learned trial judge was wrong in that he directed the jury that a vivid recollection by the accused of the incidents at the time of the killing negatived or tended to negative insanity.&quot; </em>To this ground of appeal three more were added and argued with the leave of the court as follows:</p><blockquote><p style="text-align: justify;">&quot;(a) That the learned trial judge misdirected by non-direction as to the standard of proof in a defence of insanity, (b) that the verdict was unreasonable having regard to the evidence adduced at the trial, and (c) that the learned trial judge misdirected himself and the jury on the defence of self-defence.&quot;</p></blockquote><p style="text-align: justify;">The facts o…</p>

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