MAXWELL APPAH & ANOR V. THE REPUBLIC

JUDGMENT

SOWAH, J.A.

The appellant was convicted for murder at the High Court, Koforidua on 28th July 2011, and duly sentenced to death.  Aggrieved by his conviction, the appellant filed his petition of appeal on 2nd August 2011 with the following grounds of appeal:

1. The verdict cannot be supported having regard to the evidence.
2. Misdirection of res gestae
3. Misdirection on admissibility and weight of dying declaration 
4. Misdirection on non-production of material witness.
5. Further grounds of appeal would be filed on receipt of the record of proceedings

The facts as presented to the court and jury were that the appellant was the mate of the 2nd accused. Together with two other persons, they were returning from the bush with sawn logs when their KIA truck was stuck in the mud in Ahankrasu village. The villagers suspected them of engaging in illegal sawing of logs so the chief was informed. He ordered the logs to be off-loaded. The deceased had climbed the truck to do so when the 2nd accused [driver] …