[1985]DLCA569March 19, 1985Court of Appeal

DANSO vs. THE REPUBLI

JUDGMENT OF ESSIEM J.A. On 31 January 1981, it is alleged, the appellant went to a palm wine bar at Sefwi Domi to drink palm wine. He met some others at the bar. Later, one Kweku Danso, now deceased, also went to the same bar to have a drink. What is relevant to this case is what he happened after the drink. It is the case of the prosecution that the appellant and the late Kweku Danso left the bar together and took the same path home. This was on 31 January 1981, a Saturday. The uncontroverted evidence is that on Monday, 2 February 1981 Kweku Danso was found dead. His dead body was found in a shallow stream which runs through the farm of the third prosecution witness. The first person who saw the dead body was the appellant. After the discovery of the body those who were with the deceased at the bar on Saturday, 31 January 1981 were arrested and subsequently the appellant was charged with the offence of murder contrary to section 46 of the Criminal code, 1960 (Act 29). ...