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KWESI V. THE REPUBLIC

(1977) JELR 67988 (SC)

Supreme Court  •  28 Jan 1977  •  Ghana

Coram
AZU CRABBE C.J.,SOWAH JA,ANNAN J.A.

Judgement

AZU CRABBE C.J.: The appellant and two others were tried upon an indictment charging them on three counts-(1) conspiracy, (2) threat of death and (3) stealing. They were convicted on all the counts and sentenced to various terms of imprisonment. In this appeal, we are concerned only with the appeal of John Kwesi, who was the third accused at the trial in the circuit court.

In this case the complainant, the first prosecution witness, owned Mercedes Benz saloon 230, with registration number GM 7799. The relevant portion of his evidence at the trial is as follows:

“On 18 August 1971, at about 6.30 p.m. I left my home at Lartebiokorshie for Christiansborg to attend church service. I was alone in the car. The church is at Osu, R.E. I arrived at the churchyard at about 6.45 p.m. Immediately I stopped, another car pulled beside me on my right side. It was a Mazda car GM 1616. I thought the car belonged to a fellow church member. Immediately I got out of the car, two people rushed on me with g…

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