ANANE v. THE STATE

JUDGMENT OF CRABBE J.S.C.

Crabbe J.S.C. delivered the judgment of the Court. The appellant was convicted at the Kumasi Criminal Session on the 16th November, 1962, of murder and was sentenced by Apaloo J. to death.

The facts are simple. On the 25th June, 1962, the deceased who lived with his daughter alone in a cottage built in their farm slept in front of his room on this fateful day, whilst his daughter slept in the room. When his daughter woke up early the next morning she found blood on her father's arms and he was dead.

In the early hours of that same morning at about 4 a.m. the appellant went to the house of one Yaw Krah and requested Yaw Krah to keep for him a gun, a live cartridge, and a wireless set. The appellant told Yaw Krah that he was going to Nderebehi, another village, to visit his uncle, one Yaw Anane.

The appellant had helped his uncle to make a farm which had a common boundary with that of the deceased. At Nderebehi the appellant told his uncle that he had come to get more money to buy food for the labourers in the uncle's farm. His uncle asked him to sleep until the next [p.68] day, but by day-break the appellant had disappeared. He did not tell anyone of the incident at the deceased's cottage. When he was later arrested in Accra on the 13th July, 1962, and after he had been cautioned he made a statement in which he said:

"I could remember on one Tuesday about 1.30 a.m., the 26th June, 1962, I took my stepfather's shot gun and went to his farm as some animals had taken opportunity of chewing the crops. I wore a hunting light. I took together with me three live cartridges which had remained out from the nineteen cartridges which were left. I am not good at shooting. I am now learning. When I was going to the farm, I saw an object and thinking that it was an animal I shot at it. I did not know that I had arrived at the village of the said Yaw Frempong. At once I heard a voice saying. You have killed me!' I became much afraid and rushed to the spot, but by the time I arrived there I saw Yaw Frempong lying down dead. I shot the gun from a distance of about 30 yards. I therefore ran and gave the gun to one Yaw Krah also at Asuoenwin where I stay and bolted away. I did not know where I placed the empty cartridge shell. However I entered my room before leaving the village. I never entered his [the deceased's] room. On my way coming to my village from the scene I fell down more than ten times before reaching my village. I had no intent