[1961]DLSC1977 • June 21, 1961 • Supreme Court •
ANANE vs. THE STATE
The appellant was convicted of murder for shooting the deceased, Yaw Frempong, who was found dead with blood on his arms outside his room. The appellant claimed he went to the farm at night to shoot animals damaging crops, mistook the deceased for an animal, and shot him accidentally. The deceased's daughter testified to the presence of money in the deceased's room which disappeared after the incident, suggesting a motive of robbery.
read moreJUDGMENT OF CRABBE J.S.C. Crabbe J.S.C. delivered the judgment of the Court. The appellant was convicted at the Kumasi Criminal Session on the 16th November, 1962, of murder and was sentenced by Apaloo J. to death. The facts are simple. On the 25th June, 1962, the deceased who lived with his daughter alone in a cottage built in their farm slept in front of his room on this fateful day, whilst his daughter slept in the room. When his daughter woke up early the next morning she found blood on her father’s arms and he was dead. In the early hours of that same morning at about 4 a.m. the appellant went to the house of one Yaw Krah and requested Yaw Krah to keep for him a gun, a live cartridge, and a wireless set. The appellant told Yaw Krah that he was going to Nderebehi, another village, to visit his uncle, one Yaw Anane. The appellant had helped his uncle to make a farm which had a common boundary with that of the deceased. At Nderebehi the appellant told his.....