REX . . . RESPONDENT.
V.
GIDADO OF BORORO . . . APPELLANT.

JELR 81048 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1940 6 WACA 60-62
CORAM
COR. KINGDON, C.J., CAREY AND BROOKE, JJ.
Core Terms Beta
appellant
arrow
arrow-head
kili
arrows
conviction
learned trial judge
thieves
appeal
lotsi’s shoulder
medical evidence
persons
facts
party
preliminary investigation
shoulder of the deceased
statements
alleged cause of death
appellant carried bows
appellant shot
arrow head
arrow poison
bororo fulani
british mandate
cause of death
correct interpretation
dead beast
evidence of some deposit
ex-herdsman of kili
further assumption of the learned trial judge
grounds of appeal
high court
inadmissibility of evidence
inexpert witnesses
interpreters-misdirection
kili’s men
kili’s party
lay kili’s party
learned judge
meanwhile kili
medical witness
poisoned arrow
shoulder of lotsi
strophantus-medical evidence
symptoms of such poisoning
text-book
time of the trial
trial judge
trial of the appellant none of the bows
west africa

*Page 60

Murder-poisoned arrow alleged cause of death-Not an Exhibit- Assumptions by trial Judge that (a) arrow was poisoned (b) substance employed was strophantus-medical evidence, based on text-book and symptoms, described by inexpert witnesses- inadmissibility of evidence of incriminating statements interpreted and not confirmed and established by persons acting as interpreters-Misdirection in accepting them held in the circumstances fatal.

Held: Appeal allowed and conviction and sentence quashed.

The judgment sets out the facts in full.

D. Hagley for Crown. J. E. David for Appellant.

The following joint judgment was delivered ;- KINGDON, C.J., NIGERIA, CAREY AND BROOKE, JJ. This was an appeal from a conviction by the High Court at Bamenda, in the Cameroons under British Mandate on a charge of murder.

The appeal was allowed by this Court for the reasons hereinafter stated.

The facts appearing from the record are that a cow belonging to a Bororo Fulani one Kili, had been killed with a view…

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