KUMA V. THE REPUBLIC

OLLENNU J.A.

The appellant was convicted by the High Court, Sunyani, of the offence of murder. Against that conviction he appealed to this court on a number of grounds, two only of which were argued; these are:

“(1) The presiding judge misdirected the jury by failing to direct that they were entitled to find the appellant guilty of manslaughter if they were of the opinion that he was so intoxicated as not to have the necessary intent as to make him guilty of murder or murder but insane.

(2) The summing-up notes are not detailed enough and as such it has made it difficult to determine whether justice was not only done but was manifestly seen to be done.”

The facts relied upon by the prosecution are briefly as follows: The appellant, his wife, the first prosecution witness and his son, the eighth prosecution witness lived in a village called Dandwa, near Nkoranza. On the day of the incident his wife, the first prosecution witness, left the village for Akropong a nearby village of members …