REX
V.
ZAALIM FRAFRA

JELR 81030 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1938 4 WACA 61-63
CORAM
Cor. Petrides, C.J., Yates and Strother-Stewart, JJ.
Core Terms Beta
battery
wife
violent assault
misdirection
evidence
court
law
opinion
defence
statement
appeal
assailants
criminal code
father
acting solicitor-general
african court of appeal ordinance
case
counsel
cross-examination
learned trial judge
trial judge
argument of mr. phipps
brethren
control of her husband
finding of the learned trial judge
further ground of appeal
guilty of manslaughter
hard labour
hold of the prisoner
intention of the deceased
judgment
learned judge
only evidence of any assault
presence of the prisoner
prisoner's father
prisoner's presence
prisoner's wife
slightest suggestion
statement of the 2nd february
undoubted evidence
view
woman’s life

YATES, J.

In this appeal, during the argument of Mr. Phipps, counsel for the defence, the Court gave him leave to add a further ground of appeal, viz.: Misdirection, the misdirection being as follows:-

“I told them (the Assessors) that if they were satisfied “a violent assault and battery was committed upon the “prisoner's wife by the deceased in the presence of the prisoner “and that he had no other means of saving the woman’s life “from her assailants, and then and there he s hot the arrow “then they were entitled in law to reduce the murder to “manslaughter”.

This is clearly a misdirection, for the law states that if a man intentionally kills another who in his presence is committing a violent assault and battery upon his wile this amounts to extreme provocation and reduces the crime to manslaughter.

There is undoubted evidence in this case to show that an assault and battery were committed in the prisoner's presence upon his wife, and the question is, was such assault and battery su…

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