The Appellant was charged with and convicted of murder. He was sentenced to suffer death by hanging. Aggrieved by the conviction and sentence he appealed to the Court of Appeal. It was argued on behalf of the Appellant that the trial court should have convicted him of manslaughter as the death resulted out of a fight. It was argued, there was no malice aforethought on the part of the Appellant. It was also argued that the caution statement was wrongly admitted and applied as it was recorded in contravention of the mandatory provisions of section 10 (3) of the CPA. The central issue was whether the killing of the deceased amounted to murder or manslaughter.