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REPUBLIC V. ZINITEGE

(1993) JELR 69432 (CA)

Court of Appeal  •  8 Apr 1993  •  Ghana

Coram
KPEGAH JSC, AMUAH JA, BROBBEY JA

Appearances
M K OYERE FOR THE APPELLANT; OSAFO-SAMPONG CHIEF STATE ATTORNEY FOR THE REPUBLIC.

Judgement
<p><strong>BROBBEY JA</strong></p><p>The appellant was tried, convicted and sentenced for the offence of murder. Aggrieved by the conviction and sentence, he appealed to this court.</p><p>Only one ground of appeal was filed on his behalf. It was that the trial judge did not adequately consider the case of the appellant. In arguing that ground, counsel for the appellant contended that the judge failed to direct the jury adequately on the issue of self-defence and provocation.</p><p>The facts which gave rise to the charge were as follows: The deceased was the nephew of the appellant.</p><p>Some time in or around December 1985 the appellant went to a drinking bar. He bought some pito for himself. While drinking, a girl-friend of his approached him. He bought her some of the pito which he had bought for himself.</p><p>At the end of the drinking, he took the girl to the house of the deceased where he decided to spend the night with her. Apparently the drink he had taken got the better part of him and he over-slept, leaving the girl lying by hi…</p>

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