SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice J. O. Bada of the Osun State High Court of Justice delivered on 28th day of February, 2005 as he then was. The Appellant as an accused person was arraigned at the Osun State High Court of Justice, holden at Osogbo, Osun State on the 13th day of March, 2003 for the offence of murder contrary to S.319 of the Criminal Code cap 30 vol. II Laws of Oyo State, 1978 as applicable to Osun State. The statement of offence and its particulars are contained at page 4 of the record of proceedings.
Upon his arraignment on the said date the charge was read to the Appellant who pleaded not guilty to the said charge and trial commenced therein. The prosecution called six (6) witnesses while the Appellant testified for the defence. See pages 22-37 of the record of proceedings.
At the conclusion of the trial, the learned trial judge delivered his judgment convicted the Appellant for murde…