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GEORGE
V.
THE STATE

(1993) JELR 43279 (SC)

Supreme Court 25 Jun 1993 Nigeria
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- The appellant, Maduabuchi George, was charged with murder and sentenced to death by hanging. - The prosecution's case was that the appellant cut the deceased's neck with a machete, causing his death. - The appellant claimed that he only i

Case Details

Suit Number:SC.149/1991
Judges:ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC UCHE OMO JSC IDRIS LEGBO KUTIGI JSC EMMANUEL OBIOMA OGWUEGBU JSC
Counsel:Chief F. Akinyosoye, Titilayo Olanrewaju (Miss) For the Appellant; C.C. Okoro Esq., Deputy Director of Public Prosecutions Ministry of Justice, Imo State For the Respondent.
Other Citations:George v. State (1993) NWLR (Pt.297) 41 (1993) 6 SCNJ 249


OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant Maduabuchi George was arraigned before Anyanwu, J of the Isiala Ngwa Judicial Division of the former High Court of Imo State now Abia State High Court on 26th September, 1984, on a charge of murder.

The prosecution's case was that at about 8 p.m. on 18th May, 1984. The deceased who was a brother of the full blood of the appellant had supper with his father - George Nwagwugwu (P.W.2) when the appellant was away. The appellant returned after they had finished eating. He went into his room to cut something. The deceased questioned him as to what he was cutting inside the room which he could not cut outside. The appellant told the deceased to go away and queried whether he was on the body of the deceased who had taken his own food. P.W.2 asked the deceased who was then in the room of the appellant to leave the appellant's room.

P.W.2 was at the back yard when he heard the alarm raised by the deceased that the appellant had…

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