Appeal
Court. 31st May,
1935.
Conviction for Perjury following
swearing of an information Appeal
Court not to 'ret1'Y
cases-evidence of reasonable
inference by trial Judge of
offence will not be disturbed.
The facts of this case are
sufficiently set out in the
judgment.
O.
Alakija
(with him
C. H. Obafemi)
for Appellant.
A. R. W. Sayle
for Crown.
The following judgment was
delivered:-
BUTLER-LLOYD, ACTING C.J.,
NIGERIA.
This is an appeal from a
conviction by the Assistant Judge
of the Warri-Benin Division of the
Protectorate Court.
The case was tried summarily and
the appellant was convicted of
perjury contrary to section 118 of
the Criminal Code and sentenced to
two years imprisonment with hard
labour.
It was proved that appellant swore
an information that one Iyashere
had wounded him with a matchet in
the course of a disturbance which
took place at Jesse on 21st
January, 1935. It was further
proved that the alleged assailant
Iyashere was at Warri at the time
when the alleged wounding took
place.
The only point raised by the
appeal in which there is any
substance is whether it was
sufficiently proved that in
swearing a false information the
appellant did so knowingly and not
by reason of an honest mistake.
The learned Judge found as a fact
that appellant must have known
that the charge he made was a
false one, and accordingly
convicted him.
It is not the function of a Court
of Appeal to retry a case on the
notes of evidence and to set aside
the verdict if it does not
correspond with the conclusion at
which the members of the Court
would have arrived on these notes,
nor is it enough that they feel
some doubt as to the correctness
of the verdict. If there was
evidence before the Judge from
which he could reasonably have
inferred that the appellant made
the false statement knowing at the
time that it was false the verdict
must stand.
We think that there was sufficient
evidence to support the finding
and the appeal must accordingly be
dismissed. |
