Rex V. Emmanuel Offei Alias Kwame (1948)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Procedure—Imputations on character of prosecution witnesses—Prosecuting counsel desiring to question accused as to previous conviction—Gold Coast Criminal Procedure Code, section 123.

Facts

Two prosecution witnesses were asked questions making imputations against their characters.

Held

It would have been in order for the appellant to be cross-examined as to his previous criminal record.

Per curiam: Where there is a doubt whether or not appellant should be so cross-examined, the trial Judge’s ruling should be obtained and, if there is to be argument on the point, the jury or assessors should retire during the argument.

Appeal dismissed.