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ANTHONY UGWU V. THE STATE

(1973) JELR 41859 (SC)

Supreme Court  •  SC.97/1972  •  13 Apr 1973  •  Nigeria

Coram
GEORGE B. A. COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The accused, who will hereinafter be referred to as the appellant, was tried at the Enugu High Court of the offence of unlawfully killing one Eze Ochi, hereinafter referred to as the deceased. The offence was committed at Nkalagu Amala, Nsukka on the 14th of October, 1970. At the end of the trial, the appellant was convicted of the offence of murder and sentenced to death by Phil-Ebosie on 12th January, 1972. The appeal lodged by the appellant against the conviction was heard in this court on the 19th of October, 1972 and was dismissed. We now give our reasons for dismissing the appeal.

The appellant admitted killing the deceased. The case for the prosecution was that during a party in the village on the material day, a scuffle ensued between the deceased and the appellant's father. The latter sustained an injury on the leg. After the deceased and the appellant's father had been separated, the former left the party for his hous…

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