Rex v Esakadi and Another (Criminal Appeals Nos. 44 AND 45 OF 1939) [1939] EACA 114 (1 January 1939)

## COURT OF APPEAL FOR EASTERN AFRICA

BEFORE SIR JOSEPH SHERIDAN, C. J. (KENYA), WHITLEY, C. J. (UGANDA) AND SIR LLEWELYN DALTON, C. J. (TANGANYIKA)

REX, Respondent

### versus

# (1) ILEPALEPA s/o ADUNGO, (2) EMAWU s/o ESAKADI, **Appellants**

### CRIMINAL APPEALS NOS. 44 AND 45 OF 1939

#### (Appeal from conviction by H. M. High Court of Uganda)

Criminal law—Murder—Manslaughter—Intent to cause grievous harm.

Appellants appealed from a conviction of murder. The evidence disclosed that after a native beer party both appellants came and quarrelled with the deceased who ran away. Appellants gave chase and beating the deceased with fists and light sticks knocked him down and kicked him with bare feet about the body. As a result deceased died from collapse following haemorrhage due to rupture of the spleen. The deceased had an enlarged spleen.

Held (10-5-39).—That a conviction of murder was unsafe. R. v. Macklin, Murphy and others (2 Lewin 225) applied. Conviction of murder reduced to one of manslaughter.

Appellants in person.

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Aubrey, Crown Counsel, for the Crown.

JUDGMENT (delivered by Sir Joseph Sheridan, C. J.-On the evidence in this case-and the medical evidence indicates that the evidence of the eye witness is somewhat exaggerated, which is something to be expected in cases of the kind-we think the case is somewhat akin to the case of Macklin, Murphy and Others (2 Lewin 225). That was the case of a crowd assaulting a constable with fists, sticks and stones with the result that he died from the injuries received. The prisoners were found guilty of manslaugter.

We have had the advantage of handling the one stick produced in the case and found it surprisingly light. There is another point in favour of the prisoners and that is the fact that the deceased had an enlarged spleen.

Not finding it safe for the reasons we have given to confirm a finding of murder, we find the appellants guilty of manslaughter and sentence them to four years hard labour.