JUDGMENTBY: WILLAN, CJ

In this case the prosecution filed two charges against the appellant, first being in possession of a .32 Colt revolver, and secondly with being in possession of 34 rounds of .32 revolver ammunition, 1 round of .303 rifle ammunition and a hand-grenade.

After the two Assessors had been chosen the trial Judge decided it was undesirable that the two charges should be tried together at one trial, and thereupon the prosecution elected to proceed on the second charge only -- i.e. the charge relating to the ammunition and the hand-grenade.

The appellant, on being called upon to plead to that charge, claimed trial.

The sequence of events at the opening of the trial is not in accordance with the provisions of section 186 of the Criminal Procedure Code, which lays down that the plea of an accused person must be taken before the Assessors are chosen. The reason for this, of course, is that if an accused person pleads guilty and his plea is accepted, there is no need to proceed to choose any Assessors.

The evidence against the appellant on the second charge was that he was found standing at the entrance to a house in a clearing in the jungle carrying a small cloth