(1979) JELR 46368 (SC)    

Supreme Court  ·  SC.32/1978 ·  22 Jun 1979 ·  Nigeria
Other Citations
(1979) All N.L.R 94 (1979) 6-9 S.C. 18
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
p. w.3
court of appeal
court of trial
federal court of appeal
trial court
deceased fall
defence counsel
learned trial judge
police station
p. w.1
third man
w. a. c. a. p
3rd day of november
a. c
a. g. irikefe
aspect of the case
dead body
entire evidence
established practice
evidence of his findings
findings of the high court sapele
following day
following passage
last encounter
leave of the court of trial
negative results
opinion of their lordships of the privy council
own defence
own respective way
part of the learned judge
proof of evidence of each witness
p. w
said findings
said language
scene of commotion
sharp edge
sight of the deceased
state of the printed record
subject of this appeal
such struggle
testimony of p. w.1

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): After learned counsel for the appellant had addressed us in this appeal, and without calling upon learned counsel for the respondent in reply, we dismissed it and indicated that we would give our reasons later. This we now do.

The appellant was tried at the Sapele Judicial Division of the High Court of Bendel State on a charge, which alleged that he had murdered one Johnson Uduenye (m) at Sapele, on or about the 3rd day of November 1975.

The prosecution had earlier on obtained leave of the court of trial to prefer the above charge and had served on the appellant a copy of the proposed indictment as well as a list of intended witnesses and the proof of evidence of each witness.

At the hearing, six witnesses testified for the prosecution, while the appellant gave evidence in his own defence, but called no witnesses.

The court, after evaluating the entire evidence, found the charge proved, convicted the appellant and sentenced him …

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