[1967]DLCA1512 • December 12, 1967 • Court of Appeal
KUMA vs. THE REPUBLIC
The appellant was convicted of murder by the High Court, Sunyani. The incident involved the appellant attacking his wife, her sister, and her brother with a cutlass in the wife's village after consuming akpeteshie (local alcoholic drink). The brother of the wife was killed. The appellant claimed he was intoxicated but emphasized his high tolerance and denied the offense, stating he was shot at without cause when entering the village.
read moreJUDGMENT OF OLLENNU J.A. Ollennu J.A. delivered the judgment of the court. The appellant was convicted by the High Court, Sunyani, of the offence of murder. Against that conviction he appealed to this court on a number of grounds, two only of which were argued; these are: “(1) The presiding judge misdirected the jury by failing to direct that they were entitled to find the appellant guilty of manslaughter if they were of the opinion that he was so intoxicated as not to have the necessary intent as to make him guilty of murder or murder but insane. (2) The summing-up notes are not detailed enough and as such it has made it difficult to determine whether justice was not only done but was manifestly seen to be done.” The facts relied upon by the prosecution are briefly as follows: The appellant, his wife, the first prosecution witness and his son, the eighth prosecution witness lived in a village called Dandwa, near Nkoranza. On the day of the incident his wife, the first prose...