Rex V. Joseph Afolabi Lagos (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Accused taken to scene of crime before formally charged Appeal from—Special circumstances—Admission of evidence as to. what mnvictianby Supremohappened on that occasion—is accused’s silence sufficient cowl. corroboration of accomplice’s evidence 7–Jury not directed to consider whether by his silence…

Rex V. Job Kojo Frempah (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Murder Charge—Accused under charge of rape ran away—Police Constable proceeded to arrest without warrant—Members of public called upon to help—One of them killed by accused in resisting captureDeceased did not attack accused or use unnecessary force—Guilty. Held : Appeal…

Rex V. Felix Onyinke And Three Others (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Is a convicted murderer under sentence of death a competent Case stated witness 7—Section 1 of Forfeiture. Act 1870 declares such a bY High person is no longer ” attainted “. Held : To be a competent…

Rex V. Emmanuel Kwami Borson (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction for Perjury contra. section 3-59 of the Criminal (ode—Appellant made false sworn statement before public officer—Statutory Declarations Act 183.5 prohibits a ” voluntary oath ” —Appellant’s statement was not taken as the result of any judicial enquiry or…

Rex V. Emanuel Adebowale And Five Others (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal law and procedure—Charges of Stealing, contra. section 390 (4) and of Receiving stolen property, contra. section 427 of the Criminal Code—Misdirection—Failure to warn jury as to statements made by co-accused—Guilty knowledge—Possession or control of stolen property—Material…

Rex V. Kofie Boateng Alias Ebenezer Alfred Boateng (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Charge of burglary and stealing from dwelling house—Acquitted thereof but convicted of receiving items not proved to be proceeds of the burglary. Held : Sentence too severe, sentence quashed and lesser sentence s ti bsti tubed…

Rex V. David Osaigbudtt Okadike (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction for preparation to coin gold and silver coin—Evidence referred to pennies only—Question of use of TV .A.C.A.’s discretion under section 11 (2) of Ordinance No. 47 of 1933. Held : Appeal allowed, conviction quashed. There is no need…

Rex V. Ben Nze (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Appellant unaware of plea of guilty by his Counsel—Incomplete Record—Subsequent proceedings a nullity. Held : Appeal allowed, conviction quashed and re-trial ordered. There is no need to set out the facts. Cases referred to : —  R. v. Baker 7…

Rex V. Obi Bekum And Three Others (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra. sec. 319 Criminal Code—Four persons jointly charged with murdering three others—Each murder separate charge at same trial—Law of Nigeria, differing from English Law, excludes joining any other charge (whether murder or otherwise) with ‘murder charge—Insufficient…

Rex V. Ajayi Omokaro (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Conviction based entirely upon evidence of confessions by Appellant. The judgment sets out the one point raised. Appeal dismissed. R. v. Sykes 8 C.A.R. 233 followed. Unsworth for Crown. Appellant in person. The followi.ng short judgment was delivered:— BUTLER LLOYD,…