AIGBADION
V.
THE STATE
·
RAPHAEL OLUFEMI ROWLAND, J.C.A (Delivering the Leading judgment) The appellant and the deceased - one Victoria ojo - had been living together at Benin as lovers since 1987 before the deceased died about 5th December. 1993. On her death, appellant was arraigned before the High Court holding at Benin city and charged with the murder of the deceased. At the trial the prosecution fielded four witnesses and only the appellant testified on his own behalf. At the conclusion of the trial, the trial judge found the appellant guilty as charged and sentences him to death. It is against his conviction and sentence that the appellant has appealed to this court.
Learned counsel on behalf of the parties filed and exchanged briefs of arguments on behalf of the appellant, his learned counsel Chief F. H. Eduvie, formulated the following two issues for determination, namely:
"(1) whether the charge of murder preferred against the appellant was established beyond reasonable doubt as required by law on th…