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DOGO DAGARTI V. THE STATE

(1964) JELR 65784 (SC)

Supreme Court  •  4 Dec 1964  •  Ghana

Coram
OLLENNU JSC,ACOLATSE JSC,SIRIBOE J.S.C.

Appearances
W. ADUMUA-BOSSMAN FOR THE APPELLANT; J.N. K. TAYLOR SENIOR STATE ATTORNEY FOR THE RESPONDENT.

Judgement
<p>OLLENNU J.S.C.: The appellant was found guilty by a jury of the murder of his wife one Amma Dagarti; he was accordingly convicted, and the only sentence allowed by law was passed upon him. He appealed against his conviction on two main grounds, namely: (1) the defence case of an absence of intention to kill (by reason of epilepsy) was not adequately put to the jury; and (2) there was a misdirection to the jury as to the unlawful nature of the harm done to the deceased.</p><p>The incidents which led to the proceedings occurred in the morning of 31 July 1963, between 8.00 and 8.30 o’clock, at a village called Bonsa, near Tarkwa. The appellant and his said wife had lodged with some countrymen of his in the said village. The appellant was in a room given to them by their host, and the wife was in the kitchen doing some cooking in the company of two other women. At a certain stage of the cooking the deceased left the other women to the room to fetch something she needed to put into her soup. Very…</p>

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