PRACTICE NOTE: STATE vs. KOFIE

JUDGMENT OF CHARLES J. The indictment charging an accused with manslaughter by negligence contrary to section 50 of the Criminal Code, 1960 (Act 29) read: “Thomas Albert Kofie on the 15th day of December, 1961 at Asankrangwa in the Western Region caused the death of one Yaa Afoah by unlawful harm.” The evidence led in support of the charge was that the accused administered a penicillin injection to the deceased on the 15th December, 1961 and that the deceased died as a result of this injection. The form of indictment, contended the State Attorney, is in conformity with the form set out the Criminal Procedure Code, 1960 (Act 30). section 201. Notwithstanding this contention, his lordship observed: “I would like to make it quite clear that I am of the opinion that the prosecution should give particulars of the precise nature of the negligence relied on in a charge of manslaughter due to criminal negligence; “following Sarpong v. Regina, Court of Appeal, 1957, unreported, ...