THE KING v. DIAS.

False evidence-Penal Code, s. 190-Contradictory statements-Alternative count in indictment-Criminal Procedure Code, 1883, s. 509, and form, of indictment at p. 368-Criminal Procedure Code, 1898, s. 489 (2).

The Criminal Procedure Code of 1898 nowhere provides that, in a prosecution for intentionally giving false evidence under section 190 of the Penal Code the Attorney-General may present to the Court an indictment setting forth two irreconcilable statements made by an accused person, and averring in such indictment that one of such statements the prisoner either knew or believed to be false, or did not believe to be true.

An indictment for breach of that section must aver that the accused intentionally gave false evidence by knowingly and falsely stating something which he knew or believed to be false, or did not believe to be true, and that he thereby committed an offence punishable under section 190 of the Penal Code.

THE accused was convicted for an offence punishable under section 190 of the Penal Code, in that on the 24th March, 1902, in the course of an inquiry into case No. 74,945 in the Police Court