[1966]DLSC1753 • December 2, 1966 • Supreme Court •
STATE vs. ATIA TONGO
On 7 June 1964, Dolakwei Losso was slashed on the neck while urinating outside a palmwine bar. The accused, Atia Tongo, was alleged to have slashed Losso and later Badu and his wife Antwiwaa. The accused confessed to slashing Losso with a cutlass when initially charged with use of an offensive weapon. Losso died on 16 June 1964, and the charge was upgraded to murder. The accused did not give a caution statement when charged with murder. The trial judge excluded the earlier caution statement made on the lesser charge from evidence in the murder trial.
read moreJUDGMENT OF AZU CRABBE J.A. Azu Crabbe J.A. delivered the reasons for the opinion of the court. On 31 October 1966, this court gave a negative answer to the question of law reserved for the opinion of this court by the learned judge of the High Court, Accra, and we now give our reasons. The case stated by the learned judge under section 338 of the Criminal Procedure Code, 1960,1 is as follows: “The facts are briefly that on 7 June 1964 at about 7 p.m. one Dolakwei Losso now deceased was in the palm-wine bar of one Afua Mansah drinking when he went out to urinate. While he was urinating he was slashed from behind on the neck by an unknown person. He was rushed to the police station and later to hospital. That same evening one Badu and his wife Antwiwaa alleged that the accused came to their house and slashed both of them. After Losso had been taken to hospital the accused went to the police station and asked to be handcuffed. He was handcuffed and he then confessed that it was he.....