- The acts of smoking Indian hemp at Sapele Road and the drinking of four bottles of small Guinness stout at 2nd East Circular Road, Benin City could not be attributed to the malicious or negligent acts of some other boys as testified by the appellant at the trial. - There is no evidence of the disposition of the accused/appellant to drunken behaviours; - There is no evidence of previous insane delusional attacks by the appellant. It is in view of the above findings that the learned trial judge drew inferences and came to the conclusion at page 169 of the record of appeal, that: "It is my opinion and I so hold that the Accused person was not intoxicated on the question pursuant to Section 29(2) of the Criminal Code." I must say that I am unable to fault the evaluation of the evidence placed before the learned trial judge and the findings he made from them nor am I able to fault the inferences and conclusions, that his Lordship ably and rightly arrived at with respect to the appellant's defence of intoxication. It seems to me that the voluntary consumption of both Indian hemp and Guinness stout on 5/4/2003 instead of being an impediment to his mental soundness, actually provided a booster which galvanized his sexual appetite on the fateful day. And that was why he, after having had a sexual affair with a girl for whom he bought a small bottle of stout in the hotel at the 2nd East circular Road, Benin City; his sexual appetite still goaded him and turned him, to a pedophile, by luring a nine year old girl into a bush and got her sexually assaulted on the same date. The sexual exploits of the appellant on 5/4/03 smacks of him as a sex maniac. The learned trial judge at page 186 of the record of appeal was rightly on target when he found that: "The Accused person carves for himself an impression of a sex maniac who has an insatiable appetite for sex for, from his statements, Exhibits 'A' and 'D', after he had smoked Indian hemp which he bought with P.W.3's money along with some other boys at Sapele Road he proceeded to 2nd East Circular Road in Benin City where he bought and drank four small bottles of Guinness Stout, bought one small bottle of small Guinness stout for a girl with whom he had sex and on the same day he proceeded to the house of P.W. 3, lured the deceased out of the house in the presence of P.W.1 and then defiled her and then caused her injuries resulting in her death." I am of the considered and firm opinion that the appellant did not establish on a preponderance of evidence that he was "out of his mind", after the consumption of Indian hemp and Guinness stout on 5/4/03 when he lured the nine year old daughter of his employer, sort of biting the finger that was feeding him, into the bush and raped her. And thereafter set her ablaze. I could have thought otherwise, that is, that the appellant was insane, if instead of going to the home of his employer to lure the