VINCENT ISIBOR V. THE STATE

LEWIS, J.S.C. (Delivering the Leading Judgment): On the 21st of July, 1969, in the Lagos High Court in Charge No. LA/13C/69, Adefarasin, J. found the accused not guilty of manslaughter but guilty of dangerous driving contrary to section 18(1) of the Road Traffic Act and sentenced him to a fine of 100pounds or six months imprisonment with hard labour, and against that conviction the accused has appealed to this Court.

Chief Williams for the appellant first argued his third ground of appeal which reads:-

"The learned trial judge erred in law in not admitting in evidence the deposition of Mr. Leigh and thereby came to a wrong conclusion on the facts of this case."

When the 7th P.W., one Mr Oladeinde Leigh, who was the only eye-witness to the accident, was being cross-examined the record shows what took place in this regard as it reads-

"I did not see Madam Adekunbi King until after she had been knocked down.

(Akesode: I ask for leave to produce the deposition of the witness at the prelim…