19870909 TZHC Tabora

- 4~ ...i 1' 1:, I. IN THE HIGH COllRf.T QF T1m ZJ;NIA AT T1i~OR~1 'I : !i l ORIGIN.AL JUR;IS:PICTION i' :i (Tabora j eg!stry) I1 I 1- ,1 CRHT.CNJiL SESSIONS CASE HO. 16 OF 1984 I I, ,I ; THE REPiUBLI I , C f' I vars.us I, I :! 'mI T .. ~~:,;, v:o Z"'~ ZI I~,_·.•·'~:;J.!1 J.' I ,1 CH:ARGE: Muitder c/s 196 of thel P~al Code. t1~.p. 16 o.t' I1 , i -1·- I :I JUDGEi,r.ll~TT KOROSSOI J. i' IJ I: The .Ac~used l!ltands cme.r&ed1: wiJth tha of fenoe of I I ' murder c/e 196 of the Penal Codel. It hae been ellescad '.1 ( by the pro~eoution that tha hdcu'sed killed th.a Daoea1Gd 1: 11 one l~TONDO KINY..•mI 1 with mali9e '~forothou,snt on 12/6,'8) I! 1I in the village of Kasanda Kib9ndp Distriot, tngoma Region. The prosecution cnll'.~d !3 principal' witnossoe Ii i! , in the persons of Ka.menyi ~"to~doli (Pwo 2) the son of ' ' the 1\ccused 1 one Chindoleje r.'!"ton~o (pw. 3) the step i daughter of the ..~ccused and o~e tanyoni l'!'wia.nllka (PY1 1 1: J) a io Cell Leader. :ii l'. I ) One Kamenyi rirtondo (pw.2) t:estified in Oo11rt that the Deceased was his father and tJie l icousod . hie - moth.or. He testified that he and his pa.r$t~ moved to the villt,gt i i of Jrasanda sometime in 1974. !Hoi;ha.s been living with I hia parents until the Deoee.seali• s i!deatha He said. before ,i ; . he was born the tccused had lo'st some children. I B'e said the Deceased had throe hohsJs 1j on his premisas, I I ,, One house was for his principa.tl.' Wifea I, The other house 'I 'I was for his mother. The .~.ccus~d•l:s third house was a, i t' small one. The Deceased ws.s allegedly a Fortune Teller ' I: and also a medicineman. Sor1e fil!lagers llsed to visit 'i I, the Deceased for :purpose of tr?:J.tµient of their ailmantf• , I 1 - He said some people used to bo 1•: CU/j:'ed and that the Deoea. ' I W sed used the small hou.se for pk,ppse of treating his ... [l I - j. I' patients. I:• I pw. 2 went on to state that!i tl~e Deceased, the 1-,ccused, j' I· himself and his young brotheri sister were living I baa [I in one big ho use whereas t.he irihcipal wife was living • i' i: in another house a distance cfI 15,,· paces or 20. Sometime in 1982 his elder sitte1ir who had been afficted I' ~I I with epilepsy for a long time)\di ed. On 6/6/83, pw.2 1 s 1 ' I • l ·: young brother _dled. The _(lccu~ed!i suspected Bnd then openly accused the Deceased aJ' h~ving ,, bGen responsible l I for the death of her children .: 1 'rhe Dec eased flatly Ii i denied responsibility ~ut the fi1\c~usod wouldn't believe 10 the Deceased. On 12/6/83 pw.2i,11 w!s I' ou.tside the house while the Deceased and the .t.ccijfsid were both inside the house. While thus outsid.e, Pv1t 2 ihoa.rd the ]lccused audibly repeat accusing the D0bedsed of having been res- Ji I ponsi ble for the death of her thl/,ldren. The iiccused I, ,I warned the Deceased thg,t the Deceased f , would go together with the recently dead chiJ_ ,~ ,· i ~J2in, the Deceased denied responsibility for the ~eJth r , of the child. 11 I' tfter that PWo2 left the home an.di wGnt to sell the · f 11 groundnuts. pw,2 returned hom~ at abotJ.t 6.00 p.m. 20 i: I finding his father• the Deceas~d '~n the small house; while the .Accused was seated outside th , 11 1 f big house. 'I On arrival, the Accused told Pw. 2 to help 1rim'.!3elf with the food which was in the pot~ PvVo2 toot: the food and ate his 1: I supper. Before -rw. 2 went to s]1eep, he went to the small house where he had asked \lp.i~ father, the Deceased as to why he had stilJ. :remained\ iJ the small house up to that time. The Deceased allegdldlt replied that he wou.ld . ]! !; sleep in that small house becau!se ,Jhe had nuarrelled with , l 1• ~ the ~\cc used in the day-timP.,, Pr"'• 2 went and asked the 30 • Accused as to what had she quarreJJled with the Deceased Ii 1. . Ii I' as the Deceased had decided to k1dep in .the small houee. . . f ~ The .1,ccused had repJ,.ied thgt sh~ ~idn I t know herself 1 the reason-why tho Decea.sc;(, !1::-.cd\ aJ ciCe;d to sleep in the h / . small house. The Accused ailegedly asked pw.2 as to · , I\ - 4~ -1, ' how much money Pw. 2 had reali seal: from the sale of ground- -;, I I nuts. pw.2 informed the Accu.sGd, that he had realised ,, I ~: I: the sum of Shs.50/=• pw,2 enterhd into the house in ~ :; ~~ order to sleep. Just then thej, jccusod and the children 1 !, I: entered into the house. ,The doo~ of the house was i ,i bolted from within. The 1icc u~ odi: having remained at the 1 sitting room fairly briefly .9 ~he-/ centered in .her bed-room. I• i, Pw.2 fell asleep. fit about 70::3ol!p~no Pw.2 noticed some light in the house. On looki~g round, he noticed the '1 ,1 door of the house open. Pw. 2 jba,+led out for the ~~ccused 10 ~ I· but there was no reply" pw.2 1got up an.a went outside 1 . I ,I where he noticed the roof of the [ small ho llse at the area .• .; I of the door on f:,.re', Ju.st thenJ !Pwo 2 saw the Deceased 1; i' emerge to view throng the door,: o:f the bu.ming hollse. I I Su.ddenly,, the J\ccused appeared!~ ~i th a hoe in hand and ' ' !' i .then struck the Deceased on the head by means of the ' . Ii hoe. The Deceased. fell to the g:t:ou.nd 'I at the door way of i1 the burning house, The 1\CCt.,:: }· J~n ?.way with the hoe as ,. I soon as she had struok the Decoa.sed·., pw. 2 raised an :.1 1: ' alarm contermpora.neo~sly saying ~pat his mother had 20 killed his• father, The alarm. I~aJ; responded by pw. 3 11 I' 'I , who had ran to the scene from ~c~: mother's hou.sG nearby. i: I Pw. 2 and pw. 3 havin,q ...., managed tbI' p:ull Ii their father from the burning house, they u.ncxpe6teply saw the A\ccusGd re- appear to thG scene and th0n cl&as ~d :.}iem, threatening 1 11 I them with the hoe, Pw, 2 and Pv;J. 3, ran awe.y, simul- ,, 11 ,1 ' taneously raising an alarm. On h}s looking back, pw. 2 11 , saw the 11ccused strike the Doceasbd with a hoe. The II I Accused h.3d ru.n away bl.lt was a:rrested by the villagers. 11 i :1 ' The Dec eased wae taken and trarisp9rted to hospital where 30 . !i Ii · . he had been admitt.~d but died ~omT days thereafter. The ~1cc used was takcm to the 'Pd~ibe Station. PN. 2 1,: ij affirmed that he had at no time. seem the Ace used suffer i: r from either insanity or epilepsy. :,f pw.2 identified the hoe Exh.P.,l as having been -~~10 J,Lc0 useo.i s hoe which he :1 .._I 11 1 I ;1 had used in striking the Deceas'.edi I I• 45 - .Another witness was one Chondej,0 rtondo (pw.3). thB_._ -Accused's step-daughter. She t~stified that on 12/6/83 at about 8.00 p.m. she had been in the house of the Deceased's senior wife when she he~rd pw.2 raise an alarm and simultaneously saying that the hCcused had killed their father.. She got outside: ·T-raving got outside she noticed the Deceased' s small house on fire. 'She rushed to the scene where she ioL1.::1,5 i/:.e IJocca..sod lying wounded at the doorway of the then burning house. She and Pw.2 had taken immediate steps to pull the Deceased 10 away from the then burning house to a reasonable distance. While thus in the process of pulling the Deceased from the burning house, the Accused unexpectedly emerged to view and started to chase them by threatening them with a hoe. They ran awayo On hCr looking behind, she saw the Accused strike tbe Deceased with a hoe. Pw. 2 and Pw. 3 raised an ala:i:."'IIl which was responded by the villagers.who ·arr:' ·.... :,·: s·~Gne. The ,hccused had remained at the scene after she had hidden the hoe. On arrival, the villagers had asked the i\ccused as to 20 why she had assauJ.ted the J'eeeased~ The i~ccused had re- plied that she had assaulted the Deceased because the Deceased had killed her childo FWo3 testified that she had never seen -the .:\cc used su.ff er from insanity. She identified the hoe ~xh.P.l as having been the one I the Acc.1J.sed had used in assaulting the Deceased. A'\llother witness was one Kanyoni T'\manuka (pw.5), -rw.5 testified that he was a 10, Cell Leader and that the Ace used wae one of the persons in his j uri sdict,;on. He went on to evP.r -tbat on 12/6/83 at about 7.30 p.m. 30 he was at his home when .hA happened to see a big fire in the direction of the Deceased's house. Pw,5 cal~ed I his neighbour one .l\bel and the two rllshed to the home of the Deceased. On arriv3.l rw,.5 fout1d PWo2 and Pw,3 being present. The .,\~cused ·v,u: :found standing at the scene. 1' - 4Ji . - The roof of the burning hot.i':::;s hr:..d :;i.lready callapsed. l ·. -pw,2 and Pw.3 informed pw.5 thBt' the J1ccused had been r i - , I II I responsible for striking ·the l)ecieas.::;d. I ; On hearing that pw~5 asked the _;\ccused about the allegations. j ' The j: ;· ,Accused ad.mi tted to have person~ly assaulted the Dece- sed by means of a hoe because the beceased h~d also been ~> II II _,I responsible for the death of her ci:lild. j' I pw.5 asked the ~ !- . ..llc c use d as ·1.;o v-nere h , , r: . , I , aa Si1e p J.-c ' w.1G i1.0 e. . Sne a wi. i--~·. h d ·lingly offered to show the villagers l where $he had put 1 1; l' the hoe. The 1~ccused led -pw.5 and. others to the nearby 10 i, : banana plantantion. T;'aving arriveh in the banana plantation the 1\ccused pointed ht 1t~1e place she had 1: I hidden the hoeo pw.5 saw the h0e 1 leaning against the 11 1 ', . 1: banana plantation, pw.5 ordere~ y1e 11ccused to pick up the hoe and carry it herself back ); !.to I, the scene. The i' Ii .,~ccused picked up the hoe anc vv'as lGd back to the scene 1 i :,to be under an arrest. where o.n arrival she was declar,ed i }'w. ~ averred tl1at he had at . :.:: ;;:.::.::io before seem the ~~cc used suffer from insanity. T-Te I' sai a thnt he had i: throughout seen the .Accused lead Ii a n.orm!:11 life performing ., f, 20 her usual wifely duties. :ze idGntified the hoe Jxh.P.l ti I as having been the one which t~!e .Ace used was alleged to have used by the ~\ccused ,, in ' striking the Deceased. Be said that he had personally jn~ded the hoe 'Sxh. p.l over to the Jard Sec:t"etary (Pw ~l:4) 1 • :: ij 11\lhen the Accused hoard the i,nfbrmation read over to I . her, she replied that she had been ,, ' sick and that she .: could not understend having do~e anything. Before this Court, the Accused testified t~atf'. she had up to the time of trial, given birth to 8 chiia.t~ in all and tha.t 30 ;' 1 she there were only 4 ~~ldrcm su.ryi v~ngf she saidLcouldn' t 1 remember exactly when the last' ch~ld died. She said I 11 she had not suspegted the Dece~s~d for the death of .,) i: her child. She said that she bGJ.!i eved it all happened I',, ', as Gop.' s will. 47 - ,·,. · She related to the Court about; h~r illness. She jl 1· said she ha.s been suffering from iabd.ominal pains which 1 I: ,I at times could shoot to the headJ Jhhen that happened 11 I she would feel her head go round .11:: bhe went on to say ,· 'I I that when thus afflicted by the dis:ease, she would feel \I 11 the urge to run at rando:mn. .~t timhs she would pick up j' :! something and then intend to st~ke!j bu.t some persons would timel v stoD hor. l.I .L She 88.i c'.l1he I rI hllsbai."1.d. tho De- ,# .:, I 1 ceased used to treat her illness jbL\t that she could tem- 1 porarily get cu.red ana then relapsdi into her sickly 10 II · " ,I condition. The ~~cc used went on ro I/affirm that the poli?e- men who took her to prison info~e9l her that she had assauJ.tea her hllsband by means of1/ aI hoe. I :1 She testifi~d 1· that while in prison she was ext~oabely sorry to learn that she had personally kil:ed hi~r husband, and that it ·1I' ·1 1 1 was t·hen that she realised sho 11ka 1, i clone something really ,. serio u.s. She said that as a res\u 11 ' t of such ea.d news ,.: she had cried and tasted fo:~ 5 :J2.:---~ I I e. t a streech. She · went on to tell the Court that ~~ri!disease h9.d then grown 1 I less but that the memory of her rDecea.scd husband had · ._.. 1 1 ,20 grown so s t rong as a res ", \AJ.. t o .J.~ w1n I; ' cI, h s h e h a d grown 1 thiner. i 1 i' ! ,i. I After I had read out th0 summing-up to tho Gentlemen /1 I[ 11ssessors, I respectfully inv:L te:d each one of them to Ii i gi ve:ll.is opinion on tho case a.s ~ia whole. .I The 1st \I i Assessor expressed tho view that the J1ccused killed but i, :1 that she might have done the act when temporarily confu- . J' i: ,I sed. The 2nd jSSessor expressed1: the view that the ava- ,I J' I ilable evidence had overwhelmi.ngly!! proved the fact that. , I the J~cct1s0d had killed with mal~cel: aforethought. 30 It is self-eVident that the 4u.e ~tion of inseni ty is l; , 1 crucial in this oase, The Court·1 is ., obliged ·co examine 1 the available law on the qt1esti! n ibf insanity and then · t 1 I relate it to the available evicl~c[,e" Section 12 of the pc,:-;.::.,~. \.:'--: :.,, ;j' 01~6vid.es thusg- 1- I! 1i i 48 ', I nEvery person is presumed to )!bei of sound mind and ' I if ,, to have been of sound mind at the time which comes . l I II I in question until the contrary !is proved. 14 1: i; On the authority of this statu.torY:i provisions the defence 0 ,1 I' ;I of insanity is sllbjcct to proof~ d [n other woras the ' I, : presumption of sanity has to be1;rebu.tted by evidence proving the contrary, The casejl in: point on the burden I' I of proof as to the 1.msoundness ~f /~::Ul'ld on the part of !' :! an 1\CCUSGd is that of R. versus( K.1\iB..\FDE w/o KIHIGWE - - : I L.194§/ BAC!i, Vol .• XV p, 13~. I¥1 ~he cited case the 10 II ' burden of proof on insanity on :th~ part of an j\ccused 1 :1 .,I . is on the balance of probabilit:y. 1, That is to say the l i onus of proof is not higher than,, that i of a party in a C1. vi'l Case. i, , I' I Again, the provisione of s0c)tion 13 of the renal Code 1, I 'lays down thus:~ ~h person is :riot criminally responsible .t '.' for an act or omiesion if at trilo time of doing the act 1: : or making the omission, he is ~hr& v.;_;1'-~ any disease of the II I affecting the mind incapable o~ understanding what ho is 11 I doing or of knowing that he o ugh ti not to do the act or 20 !; ' make the omission, I- 1.· i I But a person may be c;rimin8flyi responsible for the act or omission although his mind is :kffected by disease ;, ,j if such disease doesn •t producl ubon his mind one or other effects abovementioncd iJ r.bference to the act or I :I omission." Under the provisioVs j,of section 13 of the Penal Code, in order to avail hi,self of the legal !1 i! defence of insanity, thG ficcus~d ,has to prove on the l I balance of probability that, (a) he suffered from a diae- - ~ I ase of the body; (b) that auch clilsease of the body 1 30 1 affected his mind; (o) that be haJse his disease had 11 Ii affected his mind he was incap ab{e of understanding the 1 the pu.rpose of the I! :1 act the subject of the chargGJ 'proviso' to section 13 of th.e:[ r~nal Code is emphasise the legal position that a per~~n i cannot escape criminal responsibility by reason only 1rhft a disease of the body II 1' I Dec eased Gxchange angry words ::.::,. t~1Jj r ho u.se on 12/6/83 at 8.bou.t 10.00 a.m, p·,v,2 h.std heard the :1ccu.sed warn the 1)eceased th-=.it tb.e Deceasea. wou.ld follow her then reccmtly doad child., {\ccorditg to the evidence of Pw. 2, on the evening of 12/6/83 the j\cc·u.sed was quite well and was foLlnd seated with her other children ou.t- side the hou.s2 o The 1:,ccu.sed on th·~.t night, had asked pw.2 as to how mu.ch money ·pwo2 h.ac\ roalised from the sale of grou.ndnu.ts. The [;ccu.sod had also discharged her maternal du.ty by letting Pwo2 to help himself by getting 10 some food from a pot~ There is the evidence of pw. 2 th9t when he Bot out of the hoQSG 8..nd saw the small hou.se on firo, he saw the ,1cct1sc:,d strike the D=ceased with a hoe and the .A cc usod h:1d nm away, together vd th the hoe. ~rom the evidence j_t :i_s r•-:-asonable to infer that the ,\ccu.sed had been r:apons1.. b::i..e for setting the house on fire in order to bu.rl•. the Deceased to death. This expla.ins why the fi:.;.. ·.:--..,:~ ,.:h?-t 1Jn the roof by the door side. The Accused hc:5 "G'lkon the hoc in order to strike the l)eceasod sho u.";_( ,J1G ~1:.08 eased escape 20 from the bu.ming ho u.se. Th ore is t:1e evj_ dence of pw. 2 and pw.3 thr.t the ~ccus~d h3d chassd them by threat- ening them with a hoe becgu.se shG h~d been angry to see the :Dec eased being saved by p_v .. 2 and pw. 3. ?Then pw. 2 and pw.3 r8.n awfly, the f\CCL1.scc1 seized thnt as a good op- portu.nity to finieh the Deceased by striking him on the frice 1-1nd on the left side of tho neck. The /\ccu.sed had stru.ck thG Deceased a second time when the Deceased was helplessly and motion---lessly lJing on the groLl!ld. There is the cvidencG of T'\vo3 qnd T·w.5 th9.t when asked 30 the A cc u.sed hsid ~epli ed th -!t sh.::: h!?.d assau.l ted the ])eceased bec:3u.se the Dece2.s!:::d h8d killed her child. There is the evidence of T'-✓1 • .5 th:1t the f;ccu.sed had boldly sai a thctt ehe h8..d kil:-'._-:; J th~ Dfc eased and that 0 he was prep~red to be killed, That evidence by pw.5 clearly d emonstro-1.et the f .-::ict tlv1t . he 0,ccu.s-:::d had 91 realised thg_+ s:1e had co.mD~_-1:,·:i:-d sn c ff ence which could attract a death punishment. su.rel,Y 9 I don't see how a person accu.sed of h~ving stolen a potRto would admit .. doing the set and thcr.. ac1ding thS1t he or she was prepared to be killed. It is 8.lsc reL:.8..rkable how good 1-llld strong was the /1ccu.sed' s msmor.r en the nii::;ht of 12/6/83. She had been able to r0mrn:1ber 11::wing assau.l tecl. the Deceased on that nigh-t by me Ms of ,.1. _10e c_:._..:i' tl'r:::it she had done so becau.se the Deceased had killed her child: The Accu.sed 1 s act on thRt night was the r]irect :r ,sul t of her open1 10 warning she:: h3d made against thp Deceased in the morning of 12/i/83. The _l\ccu.scd' s act w3,s consequently pre- madi tated. 'r-11e ,1ccus.:d wqs ever able to remember exactly where she h 1d hidden tho .r:o e 1.na she was able to locate the hoe in t1:-1G banana plant9tion d l~spi te the fact that it Wg_s very dark~ Jt is also note-.,.,orthy the ficcu.sed 1 s choice of a hoe as t~c w0apon sne 1ecided to u.sc in implementing her warnin:; E:--:_ -~ ::~:1d 111::J.d e in the no ming of the very date. Jt is equ.ally noteworthy the Ac6ased 1 s choice of the place shG stru.ck the Deceased. The 20 [ccu.sed aimed at the head, the face and the neck. The i\ccu.sed had obviou.sly u.sed all her force in striking the :receased becau.se the' J)eceased v1as not qble to talk from th G very first blow by the.., hoc on the head • The 1\ccu.se:d ts Sl.J.spicion against the ])ec errned mt1st have bean tho resu.lt of su.perstition or belief in wi tch-cr9,ft r pa»'!icularly sc becqu.'.c,e the Dece:3,sGd was a loc1l · mechcineman or Fo:~tu.ne Tel~er. t;s to the qu.estion of v-ii tciloraft I c31-:.:.·10t rGsi st the urge to ref Gr to the sagciciol.U'l observation made by the trial Judge 30 in the cqse of R Vol. 1'1!, 135. In tho q u.otcd C8.SG, the jccu.sGd was char- gGd of thG mu.rde,~ of a child by r.101.,1~1s of a handle of a hoe. ·on boing asked, tl1e jccu.scd r.:.:l.mi ttGd doing the act and then j u.stifi ed thG killing by 88.yj_ne th ~t the • I J I - 5-2 Deceased had killed her children. The evidence proved that the Accused had lost no child nor had she suffered any misfortQlle,. The trial ~Tu.d8e obs:3rved thu.s 1 I qu.ote:- 14 Jt seems reasonably clear, fr0m her act ions some days previo u.s to the killing thqt she bore an imbalanced · suspicions against T'Jyasir' s family, for without pre- via u.s indication of an io si -ty 9 she did s u.dd enly shout accu.sations of \'l:i_tchcraft :.::r~~ -n<3+ 'f'T_"'lS:i"' s wife. now suspicion of witchcraft springs u.p the minds of perfe- ctly sane people 9 in this country; but there is usually a basis for su.spicion; a death, illnGss or the like 9 while in this case there is no shred of evidence that this woman has su.ffered any misfortune in her family.'' It is my firm belief that the .~ccu.sed' s su.spicion against the Dec eased sprang u.p her mind as a perfectly sane person as established by the evidenc8 of pw.2, pw.J and pw.5. The .Accu.sed 1 s suspicion was based. on the existing fact as she had lost he:r c:i::..:· ." :-~ f.'~/83. The Accu.sed didn't 'indulge into delu.sions like the .Accused in the case Cited above. Again, T would do no better th8.Il ,_u.ote the wise obser- vation mad'e by the learned triaJ.. Ju.d.[se in the same case quoted above. •1 The crazy natu.re of -~he motive is, I think, irrelevant if the mind of the Accu.sed grasps that unlawful : :;,~ wrongfu.l ln...1-...1..j_.11g ::...s be:.Lng done. 11 Likewise, in tt1.is oase 9 whatever :tnight havG been the crazy naturG_ of the Accused's motive which prompted the. Accused to commit the killin~, it is important that the Accused 1 s mind grasped the unlawfulness and wrongful- ness of her killing. ,According to the evidence of pw.5, the ACcu.sed eaid that she had done the act and that she was also prepared to be killGd. The final question is whether the _;ccused killed with malice aforethought, :By thG T'0st Trrortem ""Examination Report ~xh.P.11, the death c± ,·,~·.re,;e~.3ed was caused by severe brain d~mage, Judging from the size of the hoe and the first blow by mo,ms of a hoe inflicted on the Tecei:,ised' s hea<'l ·by the Jiccu.sed, the severe brg_in d8mage must h~ve resulted dirGctly fron such cu.t wou.nd. The Accu.sed' s w,qrning she hFtd nade ::.igainst the Deceased on the morning of 12/6/83, thqt the Deceased hqvine killed the child he would Rlso follow t 11e child W'lS an open declared in t0.11ticn to 1-::ill tJ::,:: "De.--, G:::sed by whatever me8.rls. The ()ccu.sed' s striking the Deceased on the he,qd_, face =1nd left side of the neck was ~n overt- act cu.lcu- 10 lated to inplement ·her threat. Similarly, the Jccu.sed•s u.se of the hoe -:.:x11.P.l in strikine; the Deceased on the head was to the J.c~used' s knowle:dge thu t the act would cause death or grievou.s harn. The 1~ccused' s warning, and the ,~ccu.sed• s act are natters which f:tll properly within tho provisions of s,3ction 200 ( a) ( b) of the Penal Coce which enw--:i.el:"8.tes a VRriety of si tu:-:itions, the exis- tence of which, if provoc: ;J.-.,.., c. ..:--.l•~---'-·-10 a Court to find· malice aforethought establishe_d. · I am satisfied., therefore, th.;1t the evidence has 20 proved beyond reasonable doL1bt that the Accused killed with malice ~for-ethought. I convict the .Accused of nurder c/s 196 of the Penal Code. 9/9/87 30 JUDGE 9/9/87.