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Rex V. Etim Ukpe & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra. sec. 319 of Criminal Code. Held : By his psesence at a meeting when murder generally is instigated, a man does not become an accessory before the fact to a particular murder committed in consequence thereof.…
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Rex V. Gordin Okoye (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Perjury contra. section 118 of Criminal Code—Insufficiency of AppealEvidence. Held: Appeal allowed, conviction quashed, etc. conviction There is no need to set out the facts. by High Court.C. N. S. Pollard for Crown. Appellant not present. The following joint judgment…
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Rex V. Egbuaba Odo & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Attempt to pervert justice contra. section 126 Code—Insufficiency of Evidence—Act must offensive. Held: Appeals allowed, convictions quashed, etc. There is no need to set out the facts. C. N. S. Pollard for Crown. Appellants in person. The following…
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Rex V. Duruibe & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Judicial Corruption and Acceptance of reward contra. secs. 114 and 115 of Criminal Code—Constituents of latter offence considered by Appeal Court—Evidence of accomplices Held: Appeal of first appellant dismissed; appeal of second appellant allowed, the charge not being substantiated…
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Rex V. Dosumu Fagbayi (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction following inadequate notice of trial. Held. Appeal allowed. There is no need to set out the facts.Appeal from A. Soetan for Appellant. conviction C. N. S. Pollard for Crown.by High The following joint judgment was delivered :—Court. KINGDON, C.J.,…
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Rex V. David Edgal & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Abortion, supplying drugs to procure, contra. sec. 230 of Criminal Code—Section considered by Appeal Court—Meaning of word ” unlawfully ” therein—Sec. 4 of Criminal Code Ordinance and sec. 12 of the Protectorate Courts Ordinance 1933 dealing with common…
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Rex V. Daniel Bubowariowe Bebetebe (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra. section 319 of Criminal Code,” Dying Declaration “—Admissibility thereof under section 51 of Criminal Procedure Ordinance not governed by sections 44 and 45 of same Ordinance—Accused, if under arrest, need not be present when ” dying declaration…
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Rex V. Busari (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Manslaughter contra. Section 325 Criminal Code—Summary Trial by Judge of High Court—Medical certificate tendered under section 76 (I) of Criminal Procedure Code—Do the words ” or in any summary trial” at the end of section 76 (1) of Criminal Procedure Ordinance…
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Rex V. Badaru Shanusi (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Possession of Counterfeit coins, contra. sec. 150A of Criminal Code—Maximum sentence imposed. Held: Trial Judge having taken into account guilt of appellant of a Appeal more serious offence (with which he was not charged) the sentence ie from reduced.conviction by High…
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Rex V. Akpan Unwa Udo Ekpo (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder, contra. sec. 319 Criminal Code—Offence committed in heat of clan affray, after appellant was wounded and in which deceased’s clan was the aggressor. Held : Facts warranted reduction of offence to manslaughter and verdict substituted accordingly. There…