THE STATE vs. AFENUVOR

Adumua Bossman J.S.C. delivered the judgment of the court. [His lordship narrated the facts and continued:] In this appeal against conviction for murder complaint is made as to the manner in which the learned trial judge directed the jury, and it is contended firstly, that he: “gave conflicting directions on the burden of proof resting upon the prosecution and this amounts to misdirection”; and secondly, that he “omitted all reference to the burden of proof resting upon the defence, and this amounts to misdirection.” Developing the first contention, learned counsel referred to the portion of the learned trial judge’s summing-up where he said: “In giving you explanations as to the law involved, I am required to instruct you about the most important guiding rules. The first is this and it is most important, that the prisoner before us is deemed completely innocent until the contrary is proved; and therefore it has been the duty and obligation of the prosecution, from the ...