AKPABIO, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of F. O. Nwokedi, J. of the High Court of Anambra State of Nigeria, Holden at Onitsha in charge No. O/27c/77 delivered on 2nd day of September, 1980, wherein he convicted the accused of the offence of murder contrary to section 319 of the Criminal Code and sentenced him to death by hanging in accordance with section 370 of the Criminal Code.
The appeal records forwarded to this court did not contain a copy of the information which should have incorporated the “statement of offence” and “particulars of offence.” However, from the introductory paragraph of the judgment of the learned trial Judge, which appeared at page 10 of the record, it could be said that the accused was charged with the unlawful killing of his mother, Nwabude Odieli Omesi, on the 14th day of January, 1977 at Ikem Nnando contrary to section 319 of the Criminal Code. On commencement of the trial, on 11th day of June, 1979, the charge …