STATE V. BISA

SOWAH J.

The defendant-respondent, Nana Bisa, was charged with the capital offence of murder contrary to section 46 of our Criminal Code, 1960, and was arraigned for committal before N. A. Tham, Esquire, district magistrate to stand trial at the Criminal Sessions at Ho. After counsel for the State had furnished the court and the accused with copies of the bill of indictment and the summary of evidence and had addressed the court as to the nature of the case against the accused, counsel for the accused, Mr. da Rocha, in his reply submitted that there was no case made against the accused and that in conformity with section 184 (5) of the Criminal Procedure Code, 1960, the accused should be discharged. His submission was accepted by the learned magistrate and the accused was accordingly discharged. The State has appealed against the ruling and the discharge of the accused.

I propose to discuss the meaning and import of subsections (4) and (5) of section 184 of the Criminal Procedure Code, …