REX
V.
HAMMAR DANGAR

JELR 81020 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1944 10 WACA 225-227
CORAM
COR. KINGDON, C.J., BAKER AND BROOKE, JJ.
Core Terms Beta
person
manslaughter
arrest
law
criminal code
england
appeal
case of a bystander
english law
fit case
opinion
paragraph
provocation
trial judge
appellant's arrest
arrest of the appellant
bounds of reasonable force
cause of the fight
certificate of the trial judge
circumstances of personal indignity
evidence of provocation
extent
following grounds
force
inherent right
judgment of the court
kaduna judicial division of the high court
killing amount
killing of a constable
killing of the deceased
law of england
law of nigeria
learned trial judge
minister of justice
murder of a man
others
part of the law of nigeria
peculiar doctrines of the english law
reasonable force
result of this case
unlawful arrest
violent blows

The judgment of the Court was delivered by the President :- The Appellant was charged in the Kaduna Judicial Division of the High Court sitting at Gombe with the murder of a man named Adamu Kundulum. He was convicted and sentenced to death.

He has appealed to this Court upon the certificate of the trial Judge that it is a fit case for an appeal upon the following grounds :-

“The appellant had been arrested by the deceased who was an N.A. Policeman, and had escaped from him, and killed him upon his (the deceased’s) attempting to recapture him. The decision involved the question of whether the appellant's arrest was lawful or not, and if not (and I held that it was not) whether in the circumstances the killing of the deceased was murder or manslaughter.”

The facts are sufficiently stated in those grounds with the addition of the Judge’s finding.

“The killing was very savage and done with a knife against a man armed with a stick.”

The learned trial Judge having held in his judgment that the …

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