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REX
V.
MENDIE UDO AKPAN INYANG
WEST AFRICAN COURT OF APPEAL, HOLDEN AT LAGOS, NIGERIA
21ST DAY OF JANUARY, 1939
2PLR/1939/35 (WACA)
OTHER CITATION(S)
2PLR/1939/35 (WACA)
(1939) V WACA P. 62
LEX (1939) – V WACA P. 62
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON C.J., NIGERIA
BUTLER LLOYD, J.
CAREY, J.
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BETWEEN:
REX – Respondent
AND
MENDIE UDO AKPAN INYANG – Appellant
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ORIGINATING COURT(S)
APPEAL FROM CONVICTION BY HIGH COURT
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REPRESENTATION
F. H. Collier — for Crown
Appellant not present
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE:- Murder contra sec. 319 of the Criminal Code – Charge on same count for two murders – Legal effect
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CASE SUMMARY
The Appellant was convicted on the same count for the murders of two persons and applied for leave to appeal.
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held that:
Application refused, the case being a clear one, but it is more correct to try an accused person for not more than one murder at the same trial.
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MAIN JUDGMENT
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).