Lord Thankerton:-

This is an appeal in forma pauperis by special leave from a conviction and sentence, on 9-10-1945, of the appellant by His Majesty's Criminal Court for the Island of Malta and its Dependencies (Sir George Borg C. J., and E. Ganado and W. Harding, JJ.) sitting with a jury, whereby the appellant was convicted of complicity in the wilful homicide of his wife, Carmela Connell, and was sentenced to death, under Arts. 43, 44 and 218 of the Criminal Laws for the Island of Malta and its Dependencies, which may be conveniently referred to as the Criminal Code.

[2] The appellant was tried together with two other persons, namely John Connell the (appellant's brother) and Edward Burnell on an indictment charging John Connell and Edward Burnell with maliciously and with intent to kill causing the death of Carmela Connell, the appellant's wife, between 10th and 11-9-1944, and charging the appellant with commissioning and inciting the other two accused to commit the crime. The joint trial was provided for by Art. 567 of the Criminal Code, but separation of trials may be ordered by the Court under Art. 670, on the application of the public prosecutor, on the ground of inconvenience