<p>OLU ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, hereinafter referred to as the court below, delivered on the 4th April, 2008, Coram:- Ibiyeye, Alagoa and Shoremi, JJCA. The court below had substituted the conviction of Manslaughter for that of Murder and a sentence of 20 years imprisonment in place of death sentence by hanging passed on the appellant by the trial court, which had found him guilty as charged. </p><p> The facts of the case that led to this appeal are briefly as follows: The appellant had been charged before the Delta State High Court of Justice, Ughelli Judicial Division, Holden at Ughelli on ONE count as follows:</p><p> &quot;Murder punishable under Section 319(1) of the Criminal Code Cap 48 Vol. II Laws of the Defunct Bendel State 1976 as applicable to Delta State.</p><p> Particulars of Offence</p><p> Livinus Ugwu (M) on the 27th day of November, 1997 at Otorwodo, Ughelli in the Ughelli Judicial Division murdered o…</p>