JUDGMENT
MILES C.J.
The accused Tallo Banday is charged with the murder of one Cartel Banday, who was his younger brother. As to the main facts there is no dispute. On the evening of Monday March 18, 1957, the accused, who had been drinking, started a wholly unprovoked quarrel with one Illo Jamanka, who was passing in the street while the accused was sitting outside his house. In the course of this quarrel the accused seized Illo Jamanka by the neck of his shirt and used some abusive language. He was at the time holding a matchet. The accused was eventually restrained by the deceased. He was then taken to his house by the deceased and his sister, Kumba Yell Baldeh. Eventually he forced his way out, cutting his sister's finger in the act, and proceeded to create a further disturbance. At this point the deceased came up behind the accused and seized him, whereupon the' accused, who was holding a penknife, thrust his hand backwards and stabbed the deceased in the stomach.
The deceased was …