MOSHIE v. THE REPUBLIC

JUDGMENT OF AZU CRABBE J.A

Azu Crabbe J.A. delivered the judgment of the court. The appellant in this case was convicted on 14 March 1967, before Sowah J. sitting with a jury, of the murder of one Wihemani Moshie alias Osumanu Moshie, and was sentenced to death.delivered the judgment of the court. The appellant in this case was convicted on 14 March 1967, before Sowah J. sitting with a jury, of the murder of one Wihemani Moshie alias Osumanu Moshie, and was sentenced to death.

The facts of the case are as follows: Both the appellant and the deceased lived together in an uncompleted building at Nhiaso, a suburb of Kumasi. The deceased was an old man of about 70 years of age, and was a watchman by occupation. The deceased and the accused had their meals together. A witness, one Joseph Kwaku Amponsah, who usually prepared their food, said that on the night of 9 December 1965, he took food to the place where the deceased and the appellant lived, and he met the two of them there. Another witness, Beatrice Ankobea, who also lived in the same vicinity, gave evidence which we think is crucial in this appeal. She said:

"It was about 1 a.m. I heard an unusual noise, some one shouting in Twi that 'I have killed him, I have killed.’ I was in my bedroom; I opened my window and peeped and saw a man walking up and down, he was walking in the street; there were bungalows near my house; it was a moonlight night; I told my husband who said he would not like to be bothered. At day break I saw a man brandishing a knife still shouting; I know there was an uncompleted house near us which had a watchman. I have seen the accused in that house before that day. I was scared, my husband had gone to work and I took my car and went to the police station.

Cross-examination: I was not sound asleep. I was awakened by the shouts; he was saying that he has killed the watchman; he spoke in Twi; he further said the watchman owed him money. When I saw him the following day he looked normal, he did not look mad; I saw him smoking. I brought about five policemen in my car.”

The witness Joseph Kwaku Amponsah said that on the next morning when the plates on which he carried the food to the deceased had not been returned to him, he went to collect them himself. When he got near the house he saw the appellant standing under a pear tree. The appellant had a long knife in his right hand, and a pen-knife in his left hand, and he had a cudgel hanging on his left shoulder. On entering the house the