[1961]DLSC1295November 5, 1961Supreme Court

THE STATE vs. AYI GRUNSHIE

JUDGMENT OF ADUMUA–BOSSMAN J.S.C. Adumua-Bossman, J.S.C. delivered the judgment of the court. This appeal is against a conviction of the appellant on the charge of the murder of one Salifu Moshie on 17th November, 1960, by Crabbe, J. sitting with a jury. The prosecution’s case, depending almost entirely on the evidence of the first prosecution witness, Kwabena Nimoh (who will hereafter be referred to shortly as Nimoh), was to the effect following: That at about 8 p.m. on the fateful Wednesday, he and the deceased went hunting at night in the bush near a village called Amankenan in the Tanoso area, he, Nimoh, carrying only a cutlass, whilst the deceased carried a gun and had the usual local hunter’s head-light strapped on to his forehead. In the bush, at the deceased’s request he (Nimoh) stood at a certain spot and the deceased moved about 20 yards away. Suddenly Nimoh heard the report of a gun, followed by a voice which asked: “Who is that, who fired the gun?”; h...