Rex V. Ugo Chima (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law — and Procedure—Murder–Infanticide—Criminal Code s. 327A—Killing of twins by mother shortly after birth—One count for murder of two persons. Criminal Procedure Ordinance, Cap. 20, First Schedule Rule 3 (1). The defendant gave birth to twin female children and…

Rex V. Theodore Kalla Quan (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Fraudulent false accounting and stealing—Fraudulent false accounting proved—Loss due to false accounting proved—not necessarily inference of theft by accused—where alternative possibility. Facts On seven charges of fraudulent false accounting and seven charges of stealing the appellant pleaded that…

Rex V. T. N. Anorba & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Homicide—Manslaughter—Conviction on ground of aiding and abetting. The first Appellant asked the second to come along with his gun to round up supposed thieves, the intention being to shoot if they threatened with a gun. The…

Rex V. Shaibu Yakubu (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Criminal Code, section 467 and section 467 (3) (c)—Forgery simple or aggravated—Criminal Code section 438 (b)— Absence of Allegation of intent to defraud in particulars of charge of false accounting. Following a report by the Defendant that he had…

Rex V. Samuel Ribeira Okyere Bau (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Charge of Libel under s. 246 (2) of Criminal Code—Denial of publication for the first time by defendant in his evidence—Permission to prosecution to call rebutting evidence after close of defence—Criminal Procedure Code, s. 275.…

Rex V. Sam Mofor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Conviction where finding inadequate to establish offence charged—Criminal Code, section 412. Sam Mofor having been charged with unlawfully entering a dwelling house with intent to commit a felony therein, the trial Judge found that Sam Mofor had entered the…

Rex V. Romanus Ezejiogu (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Charge of corruption contrary to section 116 (1) of the Criminal Code—Conviction on evidence not establishing charge as laid—Appeal. Facts The Appellant (Romanus Ezejiogu) a police constable, was charged under section 116 (1) of the Criminal Code of Nigeria,…

Rex V. Peters Udo Akpabio (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law–Stealing by Agent : section 390 (8) (b) of the Criminal Code. Fraudulent False Accounting : section 438 (c) of the Criminal Code—Fraudulent Intent—Onus of proof. Facts The defendant was charged (1) with stealing £4 10s. 5d. entrusted…

Rex V. Nanwiah Dagarti (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Trial with Assessors—MurderJudge’s omission to tell Assessors of benefit of reasonable doubt—Criminal Procedure Code, ss. 261 and 264. Facts Defendant was tried by a Judge sitting with Assessors, to whom, in his summing-up, he omitted to say…

Rex V. Palmer Iyakwe (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Burglary and Stealing—Doctrine of recent possession. Facts The only evidence to connect Palmer Iyakwe with the burglary and stealing being the fact that five months after it he was in possession of stolen shoes and passed them to another…