Rex V. Yaw Tekyi (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conviction of Murder—Interpretation of ” in the view of ” in Section 234 (3) of the Criminal Code—Murder commit tett on Appellant finding wife in circumstances suggesting recent act of adultery.

Held : the words must be given their natural meaning. Appeal dismissed.

There is no need to set out the facts.

A. Ridehalgh for Crown.

N. A. 011ennu for Appellant.

The following joint judgment was delivered :—

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST, -GRAHAM PAUL, C.J., SIERRA LEONE.

The only point which need be dealt with upon this appeal is the interpretation to be put upon section 234 (3) of the Criminal Code the material part of which reads as follows:—

” The following matters may amount to extreme provoca” tion to one person to cause the death of another .person, ” namely

•••

” (3) An act of adultery committed in the view of the

” accused person with or by his wife or her husband,” In the present case the appellant killed his wife upon finding her in circumstances which according to his case pointed very strongly to her having just committed adultery. His counsel asks us to hold that such circumstances come within the words ” in the view of ” in the sub-section quoted and so reduce the crime from murder to manslaughter. We see no reason to give the words ” in the view of ” any other meaning than their natural and ordinary meaning.. If the Legislature had intended something different, it would have been quite easy to say so; and we do not subscribe to counsel’s submission.

There is no substance in the other grounds of appeal.

The appeal is dismissed.