pg 122
Appeal Court, 11th June, 1941.
Conviction of
Murder-Interpretation of "in the
view of" in Section
234 (3) of the Criminal
Code-Murder committed
on Appellant finding wife in
circumstance suggesting recent
act - of adultery.
Held: the words must be given
their natural meaning. Appeal
dismissed.
There is no need to set out the
facts.
A. Ridehalgh for Crown.
N. A. Ollennu
for Appellant.
The following joint judgment was
delivered:-
KINGDON, C.J., NIGERIA, PETRIDES,
C.J., GOLD COAST, GRAHAM PAUL,
C.J., SIERRA LEONE.
The only point which need be
dealt with upon this appeal is
the interpretation to be put
upon section 234 (3) of the
Criminal Code the material part
of which reads as follows:-
" The following matters may
amount to extreme provocation to
one person to cause the 'death
of another .person, " namely:-
" (3) An act of adultery
committed in the view of the "
accused person with or by his
wife or her husband,"
In the present case the
appellant killed his wife upon
finding her in circumstances
which according to his case
pointed very strongly to her
having just committed adultery.
His counsel asks us to hold that
such circumstances come within
the words" in the view of " in
the sub-section quoted and so
reduce the crime from murder to
manslaughter. We see no reason
to give the words " in the view
of" any other meaning than their
natural ,and ordinary meaning~.·
If the Legislature had intended
something different, it would
have been quite easy to say so;
and we do not subscribe to
counsel's submission.
There is no substance' in the
other grounds of appeal. The
appeal is dismissed.
