GYEKYE V. THE STATE

MILLS–ODOI J.S.C.: The appellant was convicted for the murder of his wife, Ekua Ntabeley, at the village of Aiyim in the Western Region, on 24 September 1963. The trial was before Bruce-Lyle J. (as he then was) sitting with a jury in the Criminal Session of the High Court at Sekondi on 17 September 1963. It was not denied by the appellant that he caused the death of the deceased; in view of the defence the appellant found himself in such a position that he could not in anyway dispute the facts constituting the charge preferred against him. His defence was that he killed the deceased under extreme provocation.

The appellant was the only eye-witness and after he had surrendered himself and was taken into custody by the police, he made a statement (exhibit B) showing the circumstances which led to the murder of his wife. The prosecution relied upon that statement in proving the charge. The statement contained the following facts: On 11 May 1963, the appellant received a letter from his e…