The deceased was the lead witness in a banana theft case against the appellant but he was killed a few days to the hearing of the case. The appellant was convicted of his murder, sentenced to death and he appealed.
Headnote and Holding:
The court considered whether a witness that wasn’t sober at the material time was credible. The court held that the witness could not be believed because it was likely that he was not wholly sober at the time he heard the incriminating statement from the appellant.The court also considered whether the appellant had made threats to the deceased thereby being incriminated in his murder. The court held that the deceased’s failure to mention the appellant’s threat to a fellow worker with whom they lived did not affect the weight attached to the evidence of the threat.
