GRACE BOMS V. THE STATE

MADARIKAN, J.S.C. (Delivering the Leading Judgment): In charge no. PHC/270/70 in the High Court, Port Harcourt, the accused was charged with the murder of her adopted son, Levi Boms, and on the 14th July, 1971, she was convicted of murder and sentenced to death. This is an appeal against her conviction.

At the trial, it was common ground that the deceased was an adopted son of the accused under native law and custom; that she bore the expenses of marrying a wife for the deceased; that on the 5th July, 1970, the accused stabbed the deceased with a knife; and that he died as a result of the injuries sustained by him. According to the prosecution, the incident which led to the stabbing of the deceased was that on the day in question, the deceased asked his sister, Joyce Boms (P.W. 3), to fetch some salt for him. As she (the sister) was at the time busy eating, she asked another person to give salt to the deceased. The deceased then demanded an explanation from her as to why instead of br…