REX
V.
AKPAN UDO UDO ESSIEN

 KINGDON, C.J “NIGERIA, BUTLER LLOYD AND CAREY, JJ. The appellant was convicted by the Assistant Judge of the Calabar-Aba Division of the High Court on a charge of murdering one Udo Udo Umoren on the 18th July, 1938 at Ohambele Road in the Owerri Province. The grounds of appeal turn upon questions of fact, but this Court granted the application for leave to appeal on a general consideration of the record and report of the Trial Judge rendered under Rule 47 of the West African Court of Appeal Rules.

The relevant facts appear to be that on the morning of the 18th July last the deceased Udo Udo Umoren a lad of 14-16 years of age with his older brother Job set off on bicycles at 7 a.m. to go from their village Ikot Inyang to Azumini. After about an hour, Job’s bicycle got punctured and the deceased went oil alone. The deceased was seen that morning by a young girl, the daughter of a man married to the sister of deceased, on the back of a bicycle being ridden by the appellant in the directi…