MUDIYANSELAGE HAMI v. APPUHAMI et al.

MUDIYANSELAGE HAMI v. APPUHAMI et al.

D. C, Kandy, 973.

 

Indictment-Quashing it after conclusion of case for prosecution-Amendment-Ceylon Penal Code, as. 442 and 427-House-breaking-Criminal trespass Intention to intimidate, insult, or annoy.

In a criminal case it is too late to quash the indictment after it has been once accepted by the Court, and the case for the prosecution is closed.

If at that stage the case for the Crown warrants a conviction for an offence, but is not entirely in conformity with the indictment, the Judge should alter the indictment and call on the accused for his defence.

In a charge under section 442 of the Ceylon Penal Code it is not necessary to allege specifically that the offender had any of the intentions which enter into the definition of criminal trespass under section 427.

IN this case eight persons were put upon their trial on the following indictment:-

" That they, on or about the 1st day of November, 1897, at " Ududeniya, in a building used as a human dwelling, did commit " house-breaking by night after the hours of sunset and before the " hour of sunrise, to wit, by breaking ope

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