JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Imo State High Court sitting in Oguta in charge No. HOG/16C/2006, delivered by P. C. Ikpeama, J on 26th July 2010. The information filed by the state charged the Appellant with the murder of one Silas Orji, an offence contrary to Section 319(1) of the criminal code, cap 30 Vol. II Laws of Eastern Nigeria 1963 as applicable to Imo State. A brief fact of the case leading to the conviction of the Appellant is as follows:
On 7th March, 2005, at Umuobi Asaa Ohaji in Umuagwo, at about 7.30 Pm, while PW1, Florence Orji and PW2 Queen Orji - wife and daughter of the deceased respectively were cooking their dinner at the backyard of their compound, the Appellant went inside the compound and started calling "Florence, Florence". The PW1 asked the Appellant what the matter was that he was shouting her name. The Appellant told her that if he did not kill her husband, he would kill her. As the …