CHRISTIAN EMERYI V. THE STATE

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment ): The appellant, who was the accused in charge No. LA/36/72, was tried at the Lagos Assizes for the murder of one Funmilayo George, hereinafter referred to as "deceased'', on or about the 6th day of September, 1969. The trial was by jury. The jury returned a verdict of guilty, and the appellant was sentenced to death by Kassim, J. He has now appealed to this Court against the conviction.

The fact of the killing is not in dispute. On the morning of the 6th of September, 1969 for no apparent reason whatsoever, the appellant suddenly attacked one Abimbola George (the 4th prosecution witness) in the compound of a house in which both she and the appellant were resident. Abimbola George ran into a room in the compound and the appellant chased her and inflicted several matchet cuts on her. She raised an alarm, as a result of which the deceased Funmilayo George, who was then in a kitchen cooking, came out and ran towards the room. There…