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IZIOGO
V.
THE QUEEN

(1963) JELR 40796 (SC)

Supreme Court 15 Feb 1963 Nigeria
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Case Details

Suit Number:F.S.C.461/1962
Judges:LIONEL BRETT Ag C.F.J. Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR F.J. Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Ag. E.J. Justice of The Supreme Court of Nigeria
Counsel:A.Obi Okoye For Appellant F.O. Offiah crown counsel for the respondent For Respondent
Other Citations:(1963) 1 All N.L.R 99

TAYLOR, EJ. -The deceased made a report to the Police about the theft of his goat, and as a result he went to the house of the appellant in the company of two Police Constables where they saw a goat tethered by the barn of the accused. The accused at first denied, when asked, that he was the owner of the goat but subsequently admitted ownership, saying that he had purchased it at the market. The accused was then invited by the Constables to the house of a Councillor, whereupon he uttered these words to the deceased:

"You are the person who called the Police to arrest me. We are going to settle it face to face. It is good".

Accused then rushed into his house; came out with a dagger, and stabbed the deceased in the right arm. He then seized the deceased's matchet and struck the deceased in the neck and other parts of the body. The evidence of Prosecution Witness I, the landlord of the accused, reads thus at this point:-

"I did not hear accused say anything to the deceased before he stab…

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