REX
V.
EDEM UDO INYANG

JELR 81081 (WACA)

West Africa Court of Appeal · West Africa [For WACA cases]
·

Other Citations

1946-49 12 WACA 5-7

CORAM

BAKER, AG. C.J. (NIGERIA), BROOKE, AG. S.P.J. (NIGERIA), AMES, J.

Core Terms ^Beta

appellant

absence of motive

learned judge

trial

udo ude

appeal

absence of any evidence of motive

active duty

active service

evidence of insanity of ancestors

learned trial judge

medical evidence

much evidence indicative of insanity

part of the judgment

question of insanity

trial judge

arrest

behalf of the appellant

charge of murder of the deceased

charge of serious assault

chronological order

c. taylor

day of his arrest

dirty tin

first submission of misdirection

following day

insane laughter

inter alia

legal sense

magistrate’s court

medical treatment

mr. j

mr. taylor

preliminary enquiry

said pains

sole purpose

state of mind of the appellant

state of the accused

time of the act

total insanity

wife mrs. a. e. u

witness francis ekpanyong idio

The appellant was convicted of murder, and sentenced to death, in the Supreme Court of the Calabar Division. His defence was insanity.

This appeal is brought on the ground of misdirection by the learned trial Judge, when summing up the evidence as to the state of the accused’s mind at the time of committing the act and coming to the conclusion that the defence of insanity had not been established as defined in section 28 of the Criminal Code. Mr. J .1. C. Taylor was assigned to argue the appeal on behalf of the appellant, and his first submission of misdirection was that the defence was one of “ partial “ insanity (by which) he meant that the appellant was subject to periods of insanity, during one of which he killed the deceased) and that the judge took the defence to be one of “total insanity” (by which Mr. Taylor meant permanent insanity).

We do not agree with this submission. It is clear that the learned Judge’s summing up of the evidence was directed to ascertaining the state of m…

REX V. EDEM UDO INYANG

REX
V.
EDEM UDO INYANG