Each of these three appellants was convicted at the Ipoh Assizes on each of three charges of murder in contravention of section 302 of the Penal Code. Each of them was sentenced, to death and each of them appealed against each of his convictions.

We allowed all these appeals on 23rd Novembet last and intimated we would give our reasons for doing so at a later stage. We now proceed to do so.

Before going further, however, we would repeat what we said in the case of Chew Ming v Public Prosecutor [1960] MLJ 11 where we reiterated the view of Lord Hewart L.C.J. expressed in the case of Rex v Davis 26 Cr App R 95, [1937] 3 All ER 537 that the trial together of more than one charge of murder is undesirable. In the present case the course was taken of trying all three charges against all three appellants together. This was not relied upon by any of the appellants as a ground of appeal and perhaps in the circumstances of the case such a course was unavoidable. Nevertheless we do not wish to remain silent on the point lest we afford ground for any suggestion that we have departed in any way from what we have said previously on the point. Indeed had the evidence