JELR 81113 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
Other Citations
1934-35 2 WACA 120 - 125
Cor. Deane, Webber, C.J.J., and Butler-Lloyd, Acting C.J.
Core Terms Beta
learned judge
common design
first accused
member of the gang
direct evidence
police constable
christie's case
identification parade
house of lords
lord moulton
trial judge
adeoti's evidence
authority of the court of criminal appeal
course of the raid
description of the acts
gang of men
house counsel
house of the accused
lasisi makinde
last part of this statement
learned trial judge
lord chancellor
lord reading
mother of the boy
names of a number of men
night raid
only point
presence of a prisoner
prisoner's admission
satisfactory evidence
second accused lasisi makinde
short statement of the facts
spirit of the english rules of evidence
statement of the witness agbabiaka
such statement
sworn statement
trial of the case
witness agbabiaka
young boy


On 21st December, 1933, a gang of men, who had whitened their faces so as to conceal their identity as far as possible, executed a night raid at the house of one; Adebiyi Omoba, at Alagba Village, and carried away his property-they also in the course of the raid inflicted injuries upon Adebiyi Omoba as the result of which he died a day or two after. Later, on information obtained by the police, eight men were arrested, and in due course brought to trial on 1st October, charged with the murder of Adebiyi Omoba, and of them appellant and three others were convicted on the charge, the other four being acquitted. Against his conviction and sentence of death the appellant has appealed.

Four elements must necessarily be proved to sustain a conviction in a case of this kind-it must be proved:

1.That a common design was formed to break in and rob. 2.That in the execution of that design violence was used. 3.That as the result of that violence death ensued. 4.That the pe…

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