Lord Thankerton:-

On 24th March 1943, the Chief Justice of Palestine, sitting alone as the Court of Criminal Assize at Haifa, convicted the appellant of murder contrary to S. 214 (b), Criminal Code Ordinance, 1936, and sentenced him to death. An appeal by the appellant was dismissed on 17th April 1943, by the Supreme Court of Palestine, sitting as the Court of Criminal Appeal, and the appellant, by special leave, now appeals against that judgment. Mr. Beyfus, in his full and able argument on behalf of the appellant, conveniently submitted his contentions under two heads, viz., those which challenged the constitution of the Court of Criminal Assize by which the appellant was tried, and those which alleged grave impropriety in the course of the trial. As regards the constitution of the trial Court, the Chief Justice sat alone by virtue of Regulation No. 8 of the Palestine Defence (Judicial) (Regulations (No. 2), 1942, which provided as follows:

"3. Whenever the Chief Justice considers it expedient so to do he may, either generally or for the hearing of any particular case, direct that the Court of Criminal Assize shall consist of the Chief Justice or a British puisne judge, sitting alo