JUDGMENT OF THE COURT
At the commencement of hearing of this appeal, counsel for the appellant, Mr. Kiage, spent a considerable amount of time arguing ground one of the appellants' grounds of appeal which was in the following terms:
"That the learned Judge erred in law and misdirected himself in proceeding to try and convict the appellants on a charge of murder when the record shows an offered and accepted plea of manslaughter".
Upon checking the original record of the superior court it transpired that the record of appeal was not accurately typed as included in the former record was a typed "plea sheet" with provisions for the trial Judge to enter plea of murder or manslaughter. Hence the confusion that had arisen. Consequently, nothing turned on this ground.
The appellants herein, Tom Piemo Ombura and Shikudhani Atwang Rumaywa, were charged and convicted of murder contrary to section 204 of the Penal Code. The particulars of the Charge against them were that on 15th of November, 1990 at…