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L. L. MENSAH, J.A.
I have read beforehand the erudite judgment of my brother Ofoe, J.A. and the supporting piece of my brother Korbieh, J.A. and I also think the appeal should be dismissed. However, I wish to touch on one or two aspects of the evidence.
The offence with which the Respondent was charged is a second degree felony. The prosecution Appellant was enjoined to lead the requisite evidence to prove the guilt of the accused beyond all reasonable doubts under the purview of section 11(2) of the Evidence Act (1975) NRCD 323. The Respondent was equally tasked to lead the requisite evidence to obviate any finding that may establish his guilt, under section 11(3) of the Evidence Act.
Sections 11(2) and (3) are reproduced hereunder:
In a criminal action, the burden of producing evidence when it is on the prosecution as to a fact which is essential to guilt, requires the prosecution to produce sufficient evidence so that on the totality of the evidence, a reasonable mind could find the ex…