Kingdon, C.J., Nigeria, baker and brooke,JJ.(delivered a joint judgment):- In this case the appellant was convicted in the High Court of the Calabar-Aba Judicial Division sitting at Bamenda in the British Cameroons of the murder of one Tata Ngawe by stabbing him in the stomach with a sharpened elephant grass stem.
The principal evidence against the appellant was that of several witnesses that Tata shortly after he was stabbed said “Bang has shot me” or words to that effect. This evidence was admitted by the learned Trial Judge and it is evident that it was primarily upon this evidence that he convicted the appellant. We are of opinion, however, that all the evidence of what the deceased said implicating the appellant was wrongly admitted. The deceased had only a small wound and there is nothing to indicate that he believed himself to be in danger of death; the evidence was, therefore, not admissible as a dying declaration. Further the statements were clearly not part of the res gestae as they were made an appreciable time after the actual wound was inflicted and not in the presence of the appellant. Upon this point, viz:- the admissibility in evidence of a statement made by a deceased person in such circumstances we are of opinion that the case of Reg. v. Bedingfield (14 Cox. 341) must be taken as the guide as to the law. We find it impossible to say that, apart from this inadmissible evidence, the learned Trial Judge must inevitably have come to the same conclusion as he did, for although there is other evidence to connect the appellant with the crime, it is by no means conclusive.
For these reasons the appeal is allowed, the conviction and sentence are quashed and it is directed that a judgment and verdict of acquittal be entered.
The appellant is discharged.