Appeal Court. 6th Jan., I938.
Appeal
from conviction by High Court.
Murder contra. sec.
319 of Criminal Code. Where
corpus delicti not discovered
there must be strong
circumstantial evidence of
death.
Held: Such evidence existing the
appeals are dismissed. There is
no need to set out the facts.
C. N. S. Pollard
for Crown. Appellants not
present.
The following joint judgment was
delivered:-
KINGDON, C.J., NIGERIA, BUTLER
LLOYD
AND CAREY, JJ.
In this case the only difficulty
is that there is no direct
evidence of anybody having seen
the dead body of the person
alleged to have been murdered.
In such cases the circumstantial
evidence leading to the
conclusion that the alleged
deceased is dead has to be
examined with great care. In
this case we are satisfied that
the circumstantial evidence that
the child Hardo is dead is so
strong as to justify the
finding, even though no witness
testified to actually seeing the
body.
The appeals are accordingly
dismissed .
..