YEBOAH V. THE STATE

AZU CRABBE J.A.

The appellant in this case was convicted on 28 February 1966, before Archer J., sitting with a jury, of the murder of one Yaw Mensah on 23 October 1965, at Nkwanta village, in the Central Region of Ghana, and was sentenced to death. Against this conviction and sentence he has now appealed to this court.

The appellant was the only eyewitness to the crime, and it would appear that the sole issue at the trial was whether the appellant killed the deceased in self-defence. No question of credibility arises in this appeal, and the only point is whether the inference to be drawn from the proved facts supports the plea of self-defence according to the law of Ghana. Our law which is contained in section 37 of the Criminal Code, 1960 (Act 29), reads:

“For the prevention of, or for the defence of himself or any other person against any crime, or for the suppression or dispersion of a riotous or unlawful assembly, a person may justify any force or harm which is reasonably necessary …