R vs. OBODDAE

Korsah C.J. delivered the judgment of the court. (After stating the facts his lordship proceeded:-) It will be observed that apart from the statement of the appellant to the effect that deceased followed him to his (appellant’s) room, no other witness has testified that the parties left the yard at any time prior to the deceased’s crying out that he had been stabbed. Furthermore, the allegation of the appellant that deceased followed him to the room alleges merely that deceased grasped him (the appellant) with both hands. There is no evidence of any fight in the room, even if the appellant’s version were accepted. On appeal to this Court, however, Counsel for appellant has raised an important question of law, which had obviously been overlooked at the trial. Neither Counsel for the defence, nor Counsel for prosecution, mentioned it during the proceedings, and. it is obvious that the learned Judge did not give consideration to it in the course of the proceedings or in the sum...