BAIRAMIAN, J.S.C. (delivering the judgement of the Court):-The appellant was convicted on 3rd August, 1963 in the High Court of Eastern Nigeria at Abakaliki, of murdering one Nwefi Oka on the 11th January, 1963 at Amachara Agbaja Izi in the Province of Abakaliki.
That day the deceased and five others went to the appellant's house to ask him about a gourd of palm-wine which one of them, namely Nwodom Agom, had missed from a tree he was tapping. The deceased went to where the appellant was tapping and fetched him. Nwodom Agom asked him why he had stolen his gourd; the appellant told him not to ask that question again, and drew his tapping-knife, but he was disarmed by one of the party, who went off with it to report to the Police. While the others were waiting, the appellant suddenly drew the dagger Nwodom had at his waist, and rushing on the deceased stabbed him in the face. He and his companions began to run away; the appellant ran into his house and brought a matchet; he chased the d…