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VAN LARE AG. C.J.: (His lordship stated the facts, and continued:)
We do not think that there was a concerted intention to kill and we are satisfied that the killing was an action of the first two appellants only, committed in circumstances when each had lost the power of self-control. There is no evidence that the third appellant participated in the assault after the deceased first fell to the ground. His statement, which stands uncontradicted, is that when the first two appellants started to beat the deceased while he struggled on the ground, he (third appellant) ran away from the scene. We think that by so doing he showed that was not prepared to be associated with what might—and did—occur.
What is clear on the evidence is that the deceased was a person who was believed by the appellants to have been accused by the villagers of felony, and who was endeavouring to avoid arrest by the appellants. The law applicable to these fact is contained in section 61 (1) of the Criminal Code:—
“Any…