JESSE GEORGE V. THE STATE

G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): The appellant, who was the accused in Charge No. PHC/26C/71, was charged with the offence of murder of one Goodwill Wilson Okia, hereinafter referred to as the deceased, on the 24th of February, 1970 at a place between Port Harcourt and Korokoro village. He was tried at the High Court, Port Harcourt, in the Rivers State, convicted and sentenced to death on the 30th of September, 1971 by Inko Tariah, J. He appealed to this court against the conviction. The appeal was heard on the 21st of September, 1972 and dismissed. We now give our reasons for dismissing the appeal.

The case for the prosecution was that the accused, who was at the material time, a Lieutenant in the Nigerian Army, was stationed at Afam in Port Harcourt Division. The deceased was a teacher at the King's College of Commerce, Port Harcourt. Both of them came from Egbede in Jonkrama village in the Rivers State. For some time previous to the date of this incident and…