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Appeal Court. 26May.1937. Case
Stated on an Acquittal by High
Court.
Charge
of murder-Can accused be convicted
of being an accessory after the
fact to such murder?
The accused was charged with
murder. The evidence showed that
while not guilty of that offence
he was an accessory after the fact
to such murder. but no charge of
so being an accessory was laid.
The trial Judge held he could not
convict accused of being an
accessory after that fact and
discharged him. At the request of
the prosecution the trial Judge
stated a case thereon for the
opinion of the Appeal Court.
Held: The decision of the trial
Judge was correct.
The Acting Solicitor-General for
the Crown supported the decision
of the trial Judge, referring to
Cap. 20, section 58 (1), of the
Laws
of Nigeria,
and to the cases of
Reg. v. William Fallon,
L. & c. 217, 169 Eng., Report
1370, and
R. v. Watson,
1916,2 K.B. 385 at 388. The
respondent not present.
The following joint opinion was
delivered :-
KINGDON, C.J., NIGERIA, PETRIDES,
c.J., GOLD COAST, AND BUTLER
LLOYD, J.
The answer to the question
reserved for the opinion of this
Court is that upon a finding on
the facts that the accused, who
was charged with murder, was an
accessory after the fact to
murder, but was found not guilty
on the charge of murder, the Court
came to a correct decision in
point of law that the accused
could not be convicted of the
offence of accessory after the
fact to murder. |
