SIR I. LEWIS, J.S.C (Delivering the Leading Judgment): On the 22nd of March, 1972, we dismissed the appeal of Peter Sunday Udoh against his conviction of murder and sentence of death by Ete, J., on the 29th of October, 1971, in the High Court, Uyo in Charge No. HU/3C/1971 and we now give our reasons for so doing.
On the evening of the 21st of July, 1969, John Akpan Ekpo was shot in his house at Edebon Nsit, Uyo and died early next morning and on the 23rd of July, 1969, the senior medical officer in charge of the Qua Iboe Church Hospital, Etinan, (1st P.W.) performed a post mortem on his body and found:
"There was a huge and ragged cut on the left upper arm. There are also a complete fracture of the left humerus. The heart, lungs, liver and spleen and kidneys were normal. I certified the cause of death, in my opinion, to be due to profuse bleeding from the injured sites. In my opinion, the injuries could have been caused by gun-shots."
and under cross-examination he confirmed that the …