JUDGMENT OF ANIN J.A.
Anin J.A. delivered the judgment of the court. On 26 June 1970 we allowed this appeal from a conviction for murder by the Accra High Court dated 5 February 1969; and substituted for the mandatory death sentence, a conviction for manslaughter and sentence to a term of ten years' imprisonment with hard labour. We now give our reasons for our judgment.
The appellant herein stood trial on indictment charged with the offence of murder, contrary to section 46 of the Criminal Code, 1960 (Act 29). The particulars of offence were that he murdered No. 8767E/CPL Chin-Lowu Losso (corporal Losso, for short) on 25 January 1967 at Asikasu near Adeiso. The case for the prosecution was that on the day in question corporal Losso travelled to Asikasu to effect the arrest of the appellant, against whom a complaint of assault had been lodged at the Adeiso Police Station by one Felicia Ayorkor Annan, the first prosecution witness.
According to the prosecution, when the first prosecution witness and corporal Losso arrived at Asikasu, they saw the appellant in the street near a carpenter's shop. Corporal Losso then told the appellant to follow him to the police station. The appellant, however, asked corporal Losso to permit him to go home in order to get dressed up. When they got to the appellant's house, he made straight for his room and shut the door, leaving the first prosecution witness and corporal Losso standing behind the door. The first prosecution witness and corporal Losso made fruitless attempts to persuade the appellant to open the door by knocking at the door. When the appellant failed to open the door, corporal Losso sent the first prosecution witness to go back to the police station and ask for more hands. During the first prosecution witness's temporary absence, the appellant opened the door and corporal Losso entered the room. A struggle then ensued between the appellant and corporal Losso as a result of which the latter received an injury on the forehead and was seen by prosecution witnesses to be bleeding profusely. The struggle continued outside the room, i.e. into the yard of the house; and the appellant was seen holding a hammer in his hands, which was later taken away from him by one of the prosecution witnesses. With the aid of this witness, the appellant was overpowered and taken to Adeiso Police Station. Corporal Losso and the said witness, who were both injured, were later sent to Nsawam Hospital for treatment; but corporal Loss
