THE QUEEN V. EGBE

• Pages: 216-217

216

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

2. That the Appellants do deposit in Court the sum of £50 for the preparation

of the Record of Appeal and do take all necessary steps for the purpose of

procuring the preparation of the record and the despatch thereof to Eng-

land''.

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And that the costs of this application, to be taxed, shall abide the result of the

appeal to Her Majesty in Council.

Unsworth, F.J.: I

concur.

Taylor, F.J.: I

concur.

Application granted.

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THE QUEEN V. EGBE.

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15

THE QUEEN

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RESPONDENT

V

RUFUS EGBE

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APPELLANT

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SUIT NO. FSC 915/1961

FEDERAL SUPREME COURT.

BR

ETI,

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AG. C.J.F.

HURLEY,

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C.J.N.R.

BELLAMY,

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AG. C.J., Lagos.

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11th August, 1961.

Criminal Law - Murder of wife by husband - Confession of adultery by wife

- Insufficient to reduce charge to manslaughter.

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ISSUE:

1. Whether a confession of adultery by a wife is sufficient, without more, to reduce

a husband's conviction for murder to one of manslaughter.

FACTS:

The Appellant was convicted of the murder of his wife, and in his evidence be-

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fore the trial court the Appellant admitted the killing saying that he had killed her

upon her telling him, for the first time, that he was not responsible for her preg-

nancy, which he knew to be the case, and that he was not the father of her last

child. The trial judge did not believe the accused's evidence.

HELD:

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Confession of adultery by wife to her husband, who thereupon killed her, is not

sufficient, without more, to reduce a charge, which would otherwise be murder,

to manslaughter.

Cole for the Appellant.

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Eboh, Senior Crown Counsel,

for the Respondent.

HURLEY, C.J. N.R.

(Delivering the Judgment of the Court): The appellant was

convicted of the murder of his wife. We dismissed his appeal on 9th August, 1961,

and the following are our reasons.

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The deceased's death was the result of a deep cut on her neck which could

have been caused by a sharp instrument. She was eight months pregnant at the

time. Giving evidence in his defence, the appellant said he had struck her with a

matchet. He also admitted that he had killed her. He made the same admission