CORAM
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
A.I. IGUH
PARTIES
FRANKLIN BRAIDE APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The appellant was charged and committed of murder and not conspiracy to murder and was sentenced to death on appeal to the Supreme Court.
HELD
The court held that the appeal succeeds and the appellant is discharged and acquitted and that the judgment of the trial court is set aside.
ISSUES
Whether the learned justice of the court appeal were right to have affirmed that the lower court properly evaluated the evidence before it and before aiming at the guilt of appellant. Whether the appellant believed on reasonable grounds that he could not preserve himself from death or grievous bodily harm otherwise than using such force as he did. Whether the deceased was armed with a bottle during the fight or struggle with the appellant.
RATIONES DECIDENDI
CASES CITED
Ama Vs. R 14 WACA 310Njoku Vs The state (1993) 6NWLR pt299Duru Vs State (1993)
STATUTES REFERRED TO
Criminal Code.|