THE STATE V. ALI KASSENA

CRABBE J.S.C.

The appellant was convicted before Apaloo, J. sitting with a jury at the Criminal Session of the High Court at Kumasi on the 28th August, 1961, for the murder of one Puayaga Grunshie. Against this conviction he has appealed to this court.

In order to appreciate the way in which the various questions in this appeal arise it is necessary to state in broad outline the case as presented by the prosecution. The evidence for the prosecution was that in the afternoon of the 12th February, 1961, the appellant and the deceased met at a dance in the house of the chief of the Grunshie community in Kumasi. When the dance came to an end at about 9 p.m. a quarrel arose between the appellant and the deceased in the chief’s house as a result of the exception which the appellant took to the amorous advances which the deceased was making towards his (appellant’s) brother’s wife. Shortly after this the deceased left the chief’s house with three of the prosecution witnesses, and after a brie…