The appellant with another were tried and
convicted for murder. They were sentenced to
death. They appealed to the court of appeal but
the other died and hence his appeal abated. The
appeal of the appellant was dismissed hence
this appeal on the ground that the learned
Justices of Appeal grossly erred in law and fact
when having found that the confession was
inadmissible, failed to reevaluate the evidence

before upholding the conviction. The
background is that the deceased and his wife
were asleep and were attacked by the
assailants. When he woke up to check, he was
shot dead. The prosecution obtained a
confession which on appeal was said to be
illegal and its against the background that the
judge erred in dismissing the appeal even after
faulting the confession.