JUDGMENT

Mya Bu, J - In Criminal Regular Trial No. 5L of 1926, of the Court of the Township Magistrate of Kayan, the respondent was tried for an offence punishable under Section 19(e), Arms Act, for going armed with a claspknife (Ex. 1) on 2nd April 1926.

2. The case for the prosecution was that on that day the respondent went to a monkey show near the bazaar at Kayan carrying the knife opened in his hand and interfered with the show. When examined by the Magistrate he admitted that he had the knife with him, but stated that it was in his pocket and was not held open in his hand. On the charge under Section 19(e) Arms Act, being framed against him, he pleaded guilty and stated nothing in his defence. Consequently, the learned Magistrate convicted him of the charge and sentenced him to suffer three months' rigorous imprisonment. Prom this conviction the respondent appealed to the Court of Session, Hanthawaddy, in Criminal Appeal No. 123 of 1926, on the ground that he was too drunk to know anything on the occasion which gave rise to the charge and that the witnesses for the prosecution did not state that he had the knife in his hand.

3. According to Section 412, Criminal P.C., it was ob