REGINA V. KWABENA KWANSAH
(1955) JELR 84203 (CA)
Court of Appeal
•
8 Oct 1955
•
Ghana
Coram
Cor. Korsah Ag.C.J., Windsor-Aubrey and Lingley JJ.
Appearances
Unger, Crown Counsel, for the Crown. Koi-Larbi for the appellant.
Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>LINGLEY J</strong>.</p><p style="text-align: justify;">In this case the accused was found guilty of manslaughter by the jury.</p><p style="text-align: justify;">The accused shot the deceased with a shotgun, and in his final words to the jury the learned judge correctly directed the jury that if they thought the killing was justified they should return a verdict of not guilty.</p><p style="text-align: justify;">Earlier in his summing up he dealt with the possible justification for shooting the deceased; he told the jury that stealing a fowl was of course a felony: but expressed the view that there was no evidence that this felony had been committed. The accused, however, in his account of the events leading up to the shooting, the only evidence there was as to those events, described how he found the deceased in his home armed with a cutlass: and how the deceased came towards him with his cutlass raised, compelling the accused to retreat to his room. It was for the jury to consider this alleged conduct of the deceased: conduct that would amount to a felony under section 310, c. 9. In effect t…</p>