Rex V. Mendie Udo Akpan Inyang (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Murder contra sec. 319 of the Criminal Code.

The Appellant was convicted on the same count for the murders of two persons and applied for leave to appeal.

Held : Application refused, the case being a clear one, but it is more correct to try an accused person for not more than one murder at the same trial.

F. H. Collier for Crown.

Appellant not present.

The following joint Order was made :—

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND CAREY.

JJ.

The application for leave to appeal is refused as the case is a very clear one. At the same time we think it necessary to point out that the appellant was charged with the murder of two women and tried for both murders at the same time. This is not fatal to the conviction but the more correct course is to try ar accused person for not more than one murder at the same trial. (R. V. Davies 26 Cr. App. Rep. 95).