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SAMUEL ONWE & ORS VS THE STATE

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SAMUEL ONWE & ORS VS THE STATE

Legalpedia Citation: (1972) Legalpedia (SC) 81218

In the Supreme Court of Nigeria

Fri Oct 20, 1972

Suit Number: SC. 45/71

CORAM


ELIAS JUSTICE, SUPREME COURT

FATAYI- WILLIAMS JUSTICE, SUPREME COURT

IBEKWE JUSTICE, SUPREME COURT


PARTIES


SAMUEL ONWEJOHN ODAHASUNDAY OGEHINSUNDAY ONUREWE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

Four accused were charged with murder, all except the 2nd accused were found guilty of the offence. Not satisfied with the conviction, the convicted persons filed for an appeal in the court of appeal which was dismissed due to insufficient grounds. They later appealed to the Supreme Court.


HELD


The court upheld the conviction of the appellants and dismissed their appeal.


ISSUES


1960 FSC 207/1959 [1960] NSCC 41

1. Whether sufficient evidence of a common intention as required by Section 8 of the Criminal Code, in view of the acquittal of the second and third accused in the original charge exist.


RATIONES DECIDENDI


CONVICTION ON MURDER


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CASES CITED


None


STATUTES REFERRED TO


Criminal Code, Cap. 42


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