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MEND IE UDO AKPAN INYANG

1939

WEST AFRICAN COURT OF APPEAL

NIGERIA

CORAM

KINGDON C.J.
BUTLER LLOYD
CAREY, JJ

Areas of Law

Criminal Law and Procedure

AI Generated Summary

In a joint order delivered by Chief Justice Kingdon of Nigeria, with Justices Butler Lloyd and Carey on the panel, the court refused an application for leave to appeal arising from a murder prosecution. The bench described the matter as 'a very clear one' and declined the application. The court highlighted that the appellant had been charged with the murders of two women and was tried for both counts at the same time. It clarified that the joint trial did not render the conviction invalid, but advised that the correct practice is to try not more than one murder in a single trial, citing R. V. Davies, 26 Cr. App. Rep. 95, as supporting authority.

The following joint Order was made :-

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND CAREY, JJ

The application for leave to appeal is refused as the case is a very clear one. At the same time we think it necessary to point out that the appellant was charged with the murder of two women and tried for both murders at the same time. This is not fatal to the conviction but the more correct course is to try an accused person for not more than one murder at the same trial. (R. V. Davies 26 Cr. App. Rep. 95).