<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>APALOO J.A. </strong></p><p style="text-align: justify;">The Republic appeals against the ruling of Anterkyi J. in a murder case decided on 21 January 1972. By that ruling, the learned judge held &quot;that no sufficient case has been made out to warrant the accused being called upon for his defence.” He accordingly advised the jury to return a formal verdict of not guilty. This they did resulting in the acquittal of the respondent.</p><p style="text-align: justify;">The Republic says that ruling was erroneous and that it resulted in a substantial miscarriage of justice. We were accordingly invited to reverse it and make such order as the justice of the case warrants. The learned judge&#x27;s finding of “no case&quot; was arrived at after he had excluded as inadmissible, a statement made by the deceased which the prosecution sought to adduce as a dying declaration. The learned judge held, for the reasons which we shall presently examine, that the statement did not satisfy the legal requirements of a dying declaration. This conclusion is seriously questioned by this appe…</p>