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G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appellants were three out of the seven accused persons charged with the murder of one Edmud Achu. At the close of the case for the prosecution, the 1st and 7th accused persons were discharged by the court after the learned trial Judge upheld a submission that no prima facie case had been made against them. The 5th and 6th accused were similarly discharged at the close of the trial. The 2nd, 3rd and 4th accused, now appellants before us, were convicted at the end of the trial at the High Court of the then East Central State (now Anambra State) sitting at Enugu on 20th August 1974 and were sentenced to death. After the hearing of the appeal before us, the convictions were quashed and the sentences of death were set aside. It was further ordered that they be released from custody forthwith. As indicated in the judgment of this court delivered on 8th March 1977 we now give our reasons for allowing the appeal.
The learned trial …