G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): The appellant, who was the accused in charge No. HAU/10/72 before the High Court Auchi, in the Midwestern State, was convicted of the charge of unlawfully killing his mother and sentenced to death on 19th May, 1972. He has appealed to this court against his conviction.
At the hearing of the appeal only two out of the six grounds of appeal filed were argued before us. They are:-
"5. That the prosecution having failed to rebut the defence of delusion, hallucination and dissolution, the learned trial Judge erred in rejecting these defences and for their criminal effects on the defences of accident, mistake and extraordinary emergency.
"6. In view of the fact that defence of the accused is that of partial delusion the learned trial Judge was wrong in law in not properly directing his mind to the provisions of paragraph 2 of Section 26 of the Criminal Code and thereby occasioned a miscarriage of justice."
The fact of the killing is n…