Spenser Wilkinson J:

This was an appeal from the decision of the juvenile Court at Bukit Mertajam. The appellant was charged that on the 18 December 1951 at about 9 a.m. he committed criminal trespass by entering the compound of house No. 622, Mukim 17, Pagar Tras, Machang Buboh with intent to commit theft.

Although the charge mentions 9 a.m. as the time of the alleged offence from the evidence it is clear that 9 p.m. was meant.

The complainant's story was that having heard his dog's bark he got up and looked out of his window and saw someone striking a match near his fowl house ten yards away. He then opened the door and went out and saw a male Chinese. The complainant shouted "thief!" and the male Chinese ran away. He complainant chased him for thirty yards. As he ran he found a bicycle on a small path and upon his finding the bicycle the person whom he was chasing turned back and claimed the bicycle. The male Chinese proved to be the appellant, who claimed the bicycle as his. Nevertheless, the complainant retained the bicycle (which, of course, he had no right to do) until the next morning, when he reported to the Police.

Apart from formal evidence of arrest, the evi