Rex V. Albert Dogbe Alias Togbe (1947)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law and Procedure—Murder—View of locus in quo—Procedurethereat—Evidence thereof—Admissibility—Evidence of wife of appellant-Admissibility—Gold Coast Criminal Procedure Code, sections 116, 117 and 123.

Facts

Where an inspection of the focus in quo is carried out, each of the witnesses used at the view to point out material places and things and measure distances, etc., should, on the re-assembly of the Court, be put into the witness box and state on oath what part he took at the inspection and what he did. He can then be cross-examined by the appropriate party in the usual way.

The wife of the appellant gave evidence for the prosecution. There was nothing to show if she were his wife by Christian marriage or native custom. Her first name was Emilia, and she was sworn on the Bible.

Held

That the natural presumption must be in favour of the accused that she was not a competent witness without the consent of the accused (which was not sought for or given) and was not in any event compellable.

Appeal allowed.