ONAH
V.
THE STATE

C. IDIGBE, J.S.C (Delivering the Leading Judgment): The appellant was on the 13th day of January 1976 convicted for murder and sentenced to death by the high court of South Eastern (now Cross River) State (Dan Eno J.). The case for the prosecution is that the deceased Ebit Otai, while tapping wine from a palm tree was killed by a gun shot fired by the appellant, the facts adduced by the prosecution in support of their case may be summarised thus: on the 25th December, 1975 P.W.2 (Ojah Osim), the deceased and one other person who, as the record later indicates, is Ekpenyong Assim (P.W.3) left their village, Akpervuni-Akamkpa, about 4.00 p.m. to collect palm wine from palm trees in a nearby bush; and while severally engaged in that business P.W. 2 heard a gun shot which was immediately followed by a cry from a voice he identified as that of the deceased. He ran toward the direction of the cry and, at the base of a nearby palm tree, he found the deceased in a sitting position, clutching …