JELR 81038 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
Other Citations
1939 5 WACA 66-69
Core Terms Beta
excessive drinking
shot gun
defence of drunkenness
gusau hospital
malicious intent
spare cartridges
such act
temporary insanity
absence of the manager
aspects of the second defence
cause of the death
criminal charge
criminal code
deadly weapon
deceased odonkor
drunken man’s mind
essential difference
evidence shows
facts of this case
first step
following judgment
grievous bodily harm
intemperate use
jury care
learned trial judge
local means of treatment
manager’s office
medical officer
medical witness
mining camp
murder of a fellow clerk
neighbouring manager
only question
person charge
piece of paper exhibit
plea of intoxication
post mortem
recent case
resumption of the existence of intent
right decision
short space of time
stronger man
trial judge
true sense
use of the deadly weapon
witness box

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND CAREY, JJ. The only question raised on this appeal is whether the Court came to a right decision with regard to the law as to intoxication as a defence in this country.

It is sufficient to say that in our opinion the learned Trial Judge, set out the law on that point both fully and correctly. The appeal is dismissed. The facts of this case are to be found in the following judgment of the learned Trial Judge:- The accused a native of the Gold Coast, is charged with the murder of a fellow clerk who like himself was employed at a mining camp in the Sokoto Province on October 30th last by shooting him with a shot gun. The evidence shows that the accused and the deceased were called to the Manager’s office on a Sunday afternoon to draft and type a reply to a letter from a neighbouring manager, to which an inadequate reply had already been dispatched in the absence of the Manager in the morning: an altercation then arose and the accused struck the dec…

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