TORTO V. THE REPUBLIC

APALOO J.A.: On 11 December 1970, the appellant was convicted by Koi Larbi J.S.C., sitting with a jury, of the manslaughter of Joseph Benjamin Ofosu Koranteng and was sentenced to seven years’ imprisonment with hard labour. The facts on which the prosecution relied are simple. Although it is not possible to reconcile completely the testimony of the various witnesses, the gist of the case which the Republic made against the appellant was as follows: At some time after 10 p.m. on 28 February 1970 the deceased and his nephew Asae were having a meal in their room. They then heard somebody call out to the deceased by name. That person was obviously in a fighting mood and challenged the deceased to a fight. The deceased came out of the room and the person uttered threats to him. That person was the appellant who then held a bottle. He and the deceased apparently exchanged words but not blows. Shortly after this, the appellant left in the direction of a bar described as Ayee Moko Sane. At t…