AGYEMANG v THE REPUBLIC [1995-96] 1 GLR 118-124

Criminal law and procedure—Murder—Provocation—Burden of proof—Direction to jury—Provocation constituting defence—Duty to prove provocation on accused—Appellant charged with murder—Whether direction to jury that duty to prove provocation on appellant proper—Criminal Code, 1960 (Act 29), s 52.

Criminal law and procedure—Murder—Provocation—Direction to jury—Adultery—Circumstances in which adultery constituting provocation—Judge's duty to sum up law and facts—Defence of appellant at trial for murder adultery of wife and deceased—Whether proper for judge to pose question whether adultery enough to make reasonable man in community act like appellant—Judge directing jury on whether accused saw wife and deceased in act—Whether summing-up prejudicial and occasioning miscarriage of justice—Act 29, s 53 (1)(c).