KING v. MARTHELIS PERERA et al.

Present: Mr. Justice Wendt.

 

THE KING v. MARTHELIS PERERA et al.

 

D.  C. (Criminal), Colombo,  1,833.

 

Evidence Ordinance, ss. 118 and 120-Incompetency of wife as a witness for the prosecution against prisoners jointly tried with her husband -English   Law.
 

The wife of an accused, who is tried jointly with others, is not a competent witness for the prosecution even against the accused other    than    her   husband.

 

APPEAL by the second and fourth accused from a conviction by the Additional District Judge   (M,   S.   Pinto,   Esq.)   under sections 368 and 412 of the Penal Code.

 

The facts sufficiently appear in the judgment.

 

H. A. Jayewardene (A. St. V. Jayewardene with him), for the appellants.

 

Bawa, Acting S.-G., for the Crown.

Cur. adv. vult.

February 12, 1908.    WENDT J.-

 

The appellants, with the first and third accused, were convicted of the charges of stealing a calf (section 368) and committing mischief by killing it (section 412). At the trial the wife of the first accused was called as a witness for the prosecution. Counsel for the first accused objected to her being examined, but

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