July,2O,1911     Present: Wood Renton J.

TISSERA v. FERNANDO.

445-P. C. Chilaw, 33,868.

Obscene words-Annoyance to a single person-Penal Code, s. 287.

A person who utters obscene words in a public place is guilty of an offence under section 287 of the Penal Code, even if a single
person was annoyed thereby.

WOOD RENTON J -There is nothing either in section 287 itself, or in the reason of the thing apart- from that section, to justify 'no in holding that a sufficient number of persons to constitute the public must be present in order to bring any one who uses indecent language in or near a public place within the prohibition and the penalty of the section.

APPEAL against an acquittal with the sanction of the Attorney-General. The facts are set out in the judgment.

Goonetilleke (with him Mendis), for the appellant-To constitute an offence under section 287 of the Penal Code it is not necessary that the obscene words should have been uttered in the presence of several people. Counsel cited Mayne's Criminal Law, 3rd ed., p. 145.

No appearance for the respondent.

July 20, 1911. WOOD RENTON J.-

This is an appeal, with the sanction of the A