Rex V. Francis Udo Udom & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Joint trial—Wife of first appellant giving evidencefor prosecution—Presumption as to Christian marriage—Admissibility ofevidence—Evidence Ordinance, sections 160 and 161—Proviso to West AfricanCourt of Appeal Ordinance, section 11 (1) applied. Where a spouse of an accused person is…

Rex V. Terkje & Anor (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated under section of Criminal Procedure Ordinance which has been repealed and not replaced. From and after the passing of the Criminal Procedure Ordinance, 1945 (Cap. 43 in the 1948 Revision of the Laws of Nigeria) which repealed,…

Rex V. Matthew Udo Oton (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Motion—Criminal Law—Murder—Fresh evidence—Statements forwardedto Governor for consideration—Reference by Governor under West AfricanCourt of Appeal Ordinance, section 23—Motion requesting calling of twowitnesses—Principles upon which the West African Court of Appeal will hearfresh evidence. The West African Court of Appeal will…

Rex V. R. S. Okorodudu (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Larceny by clerk or servant—Nigeria Criminal Code, section390 (6)—Evidence—Larceny or General Deficiency The mere omission to pay over moneys received by a clerk or servant does not suffice to show a conversion, nor does the mere fact of…

Kwame Aboah V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Stealing by treasurer—Defence of general deficiency Facts The appellant was a Native Authority Treasurer; he collected revenue and paid out salaries and the like. At a checking of his accounts there was a shortage in his cash of…

Rex V. John Ogbuewu (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Evidence–Dying declarationtatement to Policeby accused made in one language and taken down in another—Admissibility-Evidence Ordinance, section 33 (a). For a dying declaratipn to be admissible in evidence, there must be proof that the deceased, when making it, believed himself…

Rex V. Emmanuel Offei Alias Kwame (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Imputations on character of prosecution witnesses—Prosecuting counsel desiring to question accused as to previous conviction—Gold Coast Criminal Procedure Code, section 123. Facts Two prosecution witnesses were asked questions making imputations against their characters. Held It would have…

Rex V. Johnson Nwokocha (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Manslaughter by negligence—Degree of negligence necessary—Lack of medical evidence as to cause of death—Necessity for medical or otherevidence to show death of deceased due to negligence of accused. On the facts of this case there was not sufficient evidence…

Rex V. Akpan Inyang Nta & Ors (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Criminal Procedure Ordinance, section 183—Previous and subsequent trials—Consequences supervening or not known at previous trial—Duplicity. Where, as in this case, the appellants were convicted of rescue, riot and serious assault, they were properly convicted also of…

Rex V. Amadu Moshie (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Confession by accused in statement to Police—Argument as to admissibility in presence of jury—When jury should retire. A jury at a criminal trial is not required to retire during the hearing of argument on the admissibility of evidence unless…