LEWIS, J.S.C.: (Delivering the Leading Judgment)- On the 4th of February, 1970, we struck out the appeal of the appellant from his conviction of murder by Prest, J. on the 14th of July, 1969, in the Ughelli High Court on Charge UHC/15C/69, because his notice of appeal was only signed by him on 27th September, 1969 and filed on the 3rd of October, 1969 and so was given more than 30 days after the 14th of July, 1969, so that by virtue of section 31 (2) of the Supreme Court Act he was out of time and this Court has no power by reason of section 31 (4) of that Act in a case involving a sentence of death to extend the period of 30 days within which appeal may be brought, as we have indicated for instance in Frubide v. The State Sc. 107/69 of the 26th of June, 1969.
We are nonetheless satisfied from reading the record that there was in any case no merit in the appeal as there was an eye-witness that the learned trial judge believed to the unprovoked attack at night by the appellant with a m…