C. IDIGBE, J.S.C. (Delivering the Leading Judgment): Charged with the offence of Murder of Margret Imo on the 8th day of March, 1974, the Appellant was convicted and sentenced to death on the 12th of May, 1975, by the High Court (AGUTA .J.) of Imo State (then East Central State) and he now appeals from the said judgement.
The facts in support of the case for the Prosecution which the learned trial Judge accepted were, briefly, as follows:
On the evening of 15th December, 1973, the Appellant assaulted the deceased following her failure or inability to report immediately to the Appellant who summoned her. The deceased who was at the time expecting a baby was having her meal when the Appellant called her from outside her house and in reply she said she would report to the Appellant immediately after taking her meal. Angered by her delay in reporting to him the Appellant rebuked the deceased and struck her violently on the head with a mortar pestle (Exh.G) which he picked from the recepta…