UDOMA, J.S.C. (Delivering the Leading Judgment): The appellant was tried and convicted of the murder of one Ramotu Abeoby Fakayode, J. in the High Court, Oshogbo on 22nd May, 1969. His appeal to the Western State Court of Appeal was dismissed. He now appeals to this Court on two grounds: namely:
"(i) The appeal court erred by finding that the trial court was right in refusing the application of the appellant to call a witness on the state of his (appellant's) health. The said lower court having erred by assuming that the evidence sought to be tendered was 'non-essential to the just decision of this case; and
(ii) by the failure of the court of trial to grant the appellant's application to call a witness, the appellant was deprived of the opportunity of putting the whole of his defence to the court."
At the trial the evidence given by the principal witnesses for the prosecution Amingu Oyekanmi (P.W.1), Salawu Oyeleye (P.W.2), Ayisatu Aduke (P.W.3) and Rabiatu Laroyeke (P.W.5) was to t…