BREIT, F.J. (delivering the judgement of the Court): The appellant was charged on an Information containing a single count, which read as follows:-
"STATEMENT OF OFFENCE
ATTEMPTED MURDER contrary to section 320 (1) of the Criminal Code.
PARTICULARS OF OFFENCE
NWAOGUGUA AGUMADU, on the 25th day of April, 1962 at Onitsha in the Province of Onitsha, in the Onitsha Judicial Division, unlawfully attempted to murder Nwoji Agumadu by giving him matchet cuts."
After reviewing the evidence the judge held in his judgment that the accused "is entitled to an acquittal on the extremely grave charge of attempting to kill his cousin but that does not absolve him from all blame."
He went on:-
"Since I do not accept his defence that there was sufficient provocation to excuse the assault, and since there was an unlawful wounding, I can under the powers conferred on me by section 179 (1) and (2) of the Criminal Procedure Ordinance convict him of an offence against section 338 of the Criminal Code and I d…