CaseLaw
Shosimbo V. State (1974) CLR 10© (SC)
Judgement delivered on October 11th 1974
Brief
Facts
The appellant was a soldier and was a member of an escort team that conveyed money from Lagos to Benin.
As the convoy passed through Ibadan, a civilian motorist joined the convoy and refused to drop out. Appellant admitted shooting at his tyres, but there was evidence that the motorist died soon thereafter of bullet wounds.
The learned trial Judge did not find any intent to kill or to do grievous bodily harm as contained in S.254 of the Criminal Code, but nonetheless convicted of murder.
The Court of Appeal (Western Stale) held that The trial judge should not have convicted of murder and so substituted a conviction of manslaughter.