The following judgment of the court was given by VAN LARE J.:
The appellants were tried and convicted at the Criminal Assize at Kumasi on all the counts preferred against them. They have appealed to this court against their conviction and sentence. The first three counts, which involve both men, are these: (1) attempt to murder one Kofi Frimpong; (2) attempt to murder G jSgt. Anthony Eyeson; (3) causing wound to Kofi Frimpong. The fourth count, which is the use of a firearm to cause harm to G / Sgt. Anthony Eyeson is against the first appellant only. The fifth count charges the second appellant with aiding and abetting the first appellant in committing the offence named in the fourth count. The last and sixth count, unlawful assembly, involves both accused and other persons unknown.
The following is quoted from the judgment of the learned trial judge:
" The case for the Crown is that on the 28th day of January, 1956, between 8 a.m. and 8.45 a.m. the two accused with three other persons unknown plied in an open Land-Hover (or Jeep), No. All 9438, painted with the colours of the National Liberation Movement (N.L.M.) from Ashanti New Town to the Bantama Area passing the road near the Car Washing Park (Narkama) and back on the same route. On the first journey, on reaching the Narkama Area, Fred Sarpong who was armed with an offensive weapon which appeared to be and upon discharge sounded like, a shot gun, fired twice and wounded first, Kwadjo Mensah and secondly, Kofi Frimpong. On the return journey, again on reaching Narkama, which is a place commonly known to be used by members of the Convention Peoples Party (C.P.I).), and their friends, Fred Sarpong fired twice upon the crowd there, resulting in a panic and the crowd scattered and fled. On the occasion of the return journey, Crown witnesses Sergeant Eyeson, Escort Police Constables Billa Grunshie, Ackah and Oppong had arrived in a taxi in the N arkama Area on their way to court as witnesses in a criminal case, and had been stopped by Kwadjo Mensah who made a report to Sergeant Eyeson and also showed him the wound he had sustained from the gun shot. Not only were these Crown witnesses eyewitnesses of the incident on the return journey, but Sergeant Eyeson was fired upon by Fred Sarpong as he chased the jeep, followed by Escort Police Constable Billa Grunshie, and shouted at Fred Sarpong and Yaw Frimpong by their names to stop. The jeep was driven away and lost sight of, but a live cartridge which fell fr
