THE STATE V. TSIBA

AKUFO-ADDO J.S.C.: The appellant was charged on a bill of indictment before Scott, J., sitting in the High Court at Cape Coast with the manslaughter of one Kofi Sowah on the 15th December, 1961, contrary to section 51 of the Criminal Code, 1960.

Although the particulars of the offence appearing on the indictment, following the form provided in section 201 of the Criminal Procedure Code, 1960, contained no allegation of negligence (and it is doubtful whether such an allegation is not essential), it is quite clear from the proceedings that the prosecution’s case was that the said Kofi Sowah died as a direct result of the personal negligence of the appellant. Evidence of the circumstances in which the killing occurred was provided by the appellant’s own statement made to the police and his evidence in court, and also by the testimony of two witnesses for the prosecution who were in the company of the deceased when the latter was killed.

Briefly stated the appellant’s story was that on the …