EYO
V.
THE STATE
JEAN OMOKRI, JCA (Delivering the Leading Judgment): The appellant, Ekpenyong Etim Eyo, was arraigned before the High Court of Cross River State, sitting in Calabar, on a one count charge for the offence of murder of one Emmanuel Essien Umoh contrary to Section 319(1) of the Criminal Code, Cap 31, Vol. II, Laws of Cross River State of Nigeria, 1983. At the trial, 2 witnesses testified for the prosecution while for the defence only the convict testified on his own behalf. At the end of the trial, Hon. Justice F. E. Ita, rejected the defence of accident put up by the appellant and convicted him of the offence of murder and sentenced him to death by hanging.
Dissatisfied with the judgment, the appellant appealed to this court on 12 grounds from which he distilled three issues for determination in the appellant's brief of argument dated 26/2/08 and filed the same day. The issues are as follows:
"1. Considering the state of evidence whether or not the learned trial Judge adequately consider…