Just Decided Cases

FRANCIS USHIE VS THE STATE

Legalpedia Citation: (1972) Legalpedia (SC) 27110

In the Supreme Court of Nigeria

Wed Dec 20, 1972

Suit Number: SC.256/71

CORAM


ELIAS JUSTICE, SUPREME COURT

COKER JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT


PARTIES


FRANCIS USHIE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The applicant hit a 16years old boy with firewood till the boy died. He was charged for the murder of the victim but was convicted of manslaughter. The applicant has now applied for leave to appeal his conviction of manslaughter.


HELD


The Supreme Court held that there are no merits in the application. The application for leave to appeal was refused.


ISSUES


Whether there is merit in the application of the applicant for leave to appeal.


RATIONES DECIDENDI


LEAVE TO APPEAL WHEN THE EVIDENCE SHOWS COMPLICITY IN THE CRIME?


“the findings of the learned trial Judge are based on evidence before him and which abundantly establishes the complicity of the applicant in this crime and the part he played in the killing of Gilbert Obi” Per G.B.A. Coker, JSC


CASES CITED



STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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