Rex V. Sylvanus Samuels (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction for murder following visit by Court and jury to locus when statements by witness were made in absence of Accused. Held: The ” view ” having become part of the trial and the accused being absent therefrom the trial…
Rex V. Sanni Ladipo (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Slave dealing, contra. sec. 369 (3) of the Criminal Code on three 1938. counts—Convictions founded on evidence of accomplices. Held: Corroboration lacking, the appeal allowed. There is no need to set out the facts. E. 0. Moore for appellant. R.…
Rex V. Stephen Ozekwe Obiase (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Held: Although the section casts onus on accused once possession is proved, the onus remains on Crown to prove conclusively such possession; appeal allowed, conviction quashed, etc. There is no need to set out the facts. A. Soetan for…
Rex V. Sala & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra. sec. 319 of Criminal Code where corpus delicti not discovered there wawa be strong circumstantial evidence of death. Held : Such evidence existing the appeals are dismissed. There is no need to set out the facts. C.…
Rex V. Okereke Iregbu (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Slave dealing contra. Section 369 of Criminal Code—Age of childAppealshould be proved—No presumption should be drawn savefromirresistibly warranted by evidence. Held: Appeal allowed, conviction quashed, etc. by High Court.There is no need to set out the facts. C. N. S.…
Rex V. Nicholas Vega (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Taking of goods apparently abandoned—Bona fide taker thereof cannot be convicted of stealing. Held : Appeal allowed, conviction quashed, etc. There is no need to set out the facts. C. N. S. Pollard for Crown. Appellant not present. The following…
Rex V. Nafunge Yekun (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Receiving stolen property contra. section 427 of Criminal Code.Transfer of case from Native Court—Order by District Officer Appealviz. ” case to he retried by me” not an order of transfer to,, Magistrate’s Court—Accused’s consent to trial by Magistrate conviction not…
Rex V. Musa Damagudu & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Muider, contra. sec. 319 of Criminal Code—Weight of evidence—Identification by an unworn witness. Held: Such identification was incorrect but there being no miscarriage of justice thereby the appeals are dismissed. There is no need to set out the…
Rex V. Motesho Okoni & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Procedure—Additional grounds of appeal filed out of time—Rex by court.v. Wyman, 17 Cr. App. p. 10.5 not applicable in Nigeria—Where misdirection is a ground of appeal, particulars of such misdirection must be given.Murder or Manslaughter—Person in authority responsible…
Rex V. Landing Jameh (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Stealing contra. section 255 of Criminal Code—Questions of Jurisdiction of Trial Court, calling of further evidence beforecase raised by Appellant.fromAppeal Court and failure of Prosecution to prove a prima facie Appeal Held: Appeal dismissed.Supreme There is no need to set…