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HOME           5  WEST AFRICA COURT OF APPEAL

 

                                                     

                                                                    Lagos, 21st January, 1939.

                                    COR: KINGDON C.J., BUTLER LLOYD AND CAREY, JJ.

                                                                             REX                                                 Respondent.

                                                                               v  

                                                  MEND IE UDO AKPAN INYANG                         Appellant.

 

                                                                                                                       

'Appeal Court,  21st  Jan.1939.

   Murder contra sec. 319 of the Criminal Code, conviction

The Appellant was convicted on the same count for the murders of two persons and applied for leave to appeal.

Held: Application refused, the case being a clear one, but it is more correct to try an accused person for not more than one murder at the same trial.

F. H. Collier for Crown. Appellant not present.

The following joint Order was made :-

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND CAREY, JJ

The application for leave to appeal is refused as the case is a very clear one. At the same time we think it necessary to point out that the appellant was charged with the murder of two women and tried for both murders at the same time. This is not fatal to the conviction but the more correct course is to try an accused person for not more than one murder at the same trial. (R. V. Davies 26 Cr. App. Rep. 95).


 

 

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