THE QUEEN V. OGODO

• Pages: 311-313

THE QUEEN V. OGODO

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(2) with intent unlawfully to kill another does any act, or omits to do any act

which it is his duty to do, s

Jch

act or omission being of such a nature as to

be likely to endanger human life; is guilty of a felony, and is liable to im-

prisonment for life.

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One is bound to infer that the appellant attempted to murder the deceased. He

stabbed him in the neck and in the abdomen; and when he was stopped from doing

more, and taken to task, he said that the deceased was worrying him and that he,

the appellant, was prepared to die with the deceased. In effect, he was out to kill

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the deceased, but was stopped. he was guilty of attempted murder.

For these reasons, we allow the appeal, set aside the conviction and sentence

and substitute therefor a conviction under s.25II of the Criminal Code Law of the

Western Region for attempt to murder, and pass a sentence of 15 years imprison-

ment with hard labour on the appellant.

Appeal allowed:

Conviction of Murder quashed:

Conviction of Attempt to Murder

substituted.

THE QUEEN V. OGODO

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THE QUEEN

V

OBAJI OGODO

RESPONDENT

APPELLANT

SUIT NO.FSC 409/1961

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FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

UNSWORTH,

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F.J.

TAYLOR,

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F.J.

15th December, 1961.

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Criminal Law - Homicide - Murder - Provocation - Reduction to Manslaughter

- Criminal Code, Sections 284, 321.

ISSUES:

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1. Whether the act of intervening in a fight and wounding an already wounded

man who is struggling to disarm his original assailant is an act of provocation

such as will reduce a charge of murder to manslaughter.

2. Whether an appellate court would disregard findings of facts, which are not

supported by evidence.

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FACTS:

The deceased and some others were drinking palm wine. The Appellant joined

them. Later, a dispute arose and one of the men, called ldenyi, attacked the Ap-

pellant with a machet and cut his head. The Appellant struggled with ldenyi and

tried to disarm him. The deceased intervened and struck the Appellant during the

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struggle, giving him two machet cuts. The Appellant succeeded in getting the

machet from ldenyi and then pursued the deceased, who was running away. He

overtook him in a house, the dece&tsed was still holding his own machet. He fought

with the deceased inflicting three machet cuts on him, as a result of which the de-

ceased died.

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