JUDGMENT OF ARCHER J.
The appellant was convicted on two counts of assaulting two police officers at Swedru on 25 August 1966 while acting in the execution of their duties contrary to section 205 of the Criminal Code, 1960 (Act 29). The appellant who was sentenced to three months' imprisonment with hard labour appealed against the conviction on the ground that the learned magistrate failed to appreciate the true interpretation of section 205 of the Criminal Code and convicted the appellant wrongly. He also appealed against sentence.
[p.157]
The facts are briefly as follows: The appellant, who was at the time the wholesale keeper of the Ghana National Trading Corporation, was in his store when a price inspection superintendent, the second prosecution witness, came in and inspected his goods. When the second prosecution witness came, labourers were loading rice onto a truck. Earlier in the morning, the second prosecution witness had seen the district manager of the G.N.T.C. at Swedru and he had been informed that there was no rice in stock. But later when the second prosecution witness saw rice being loaded onto the truck at the wholesale store, he became suspicious and reported the matter to the police. The police inspector at the Swedru Police Station instructed Police Corporal Abannoh, the first prosecution witness, and Police Constable Busanga, the third prosecution witness, the complainants and the victims of the alleged assault, to accompany the price inspection superintendent to the wholesale store. When these three gentlemen arrived, Corporal Abannoh, the first prosecution witness, informed the appellant that the police inspector wanted him, together with the goods being loaded, at the police station because there was a report against him by the price superintendent. According to Corporal Abannoh, the appellant told him that he was not going and that Corporal Abannoh should inform the police inspector. The corporal then told the appellant to follow him to the police station but the appellant refused to go. The price superintendent then showed his identity card and added that he had been delegated by the government to inspect prices in the district. At this stage, Corporal Abannoh in his evidence stated as follows:
"The accused said that the superintendent should go away with his foolish government. I then told the accused that in view of what he said I have arrested him...I went and tapped him by the left shoulder to follow me to the police sta
