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(1964) JELR 67872 (SC)

Supreme Court  •  20 Nov 1964  •  Ghana



OLLENNU J.S.C.: The appellant gave evidence for the prosecution on 21 November 1963, in a case entitled State v. Fynn and Another,1 (hereinafter referred to as the substantive case). In that case two persons were indicted, one for abortion, and the other for abetting an abortion. It would appear that the evidence he gave closely followed the summary of evidence which the prosecution filed with the bill of indictment. The relevant portions of his evidence-in-chief are as follows:

“I know the second accused. He is my first cousin. I also know the first accused. She is a second accused and told him in my presence that she felt sleepy and wanted him to give her medicine to stop this. Second accused therefore gave her medicine for this purpose. It is a super vitamin. He gave her four tablets. The second accused said the first accused should take two of the tablets in the morning and the remaining two the next morning. I was in my studio on the 21 June this year. The first accused called on…

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