Amaris Appu V. Palis Appu

Present: Wood Renton J.

AMARIS APPU v. PALIS APPU.

745-P. C. Avisawella, 10,013.

Evidence-An accused may cross-examine his co-accused if he gives evidence in his own behalf.

Where one of several accused persons comes into the witness box on his own behalf, he becomes, save as to the proviso for the limitation of cross-examination to credit, and the probability that evidence given by him may not be admissible as against his co- accused, a witness in every sense of the term.

An accused may cross-examine a co-accused who gives evidence in his own behalf.

THE facts appear sufficiently from the judgment.

van Langenberg, for the accused, appellant.

Walter Pereira, K.C., S.-G., for the respondent.

Cur. adv. vult.

November 22, 1911. Wood Renton J.-

The accused-appellant was charged in the Police Court of Avisawella with theft of two buffaloes. The Police Magistrate has convicted him, and sentenced him to six months' rigorous imprisonment. The conviction rests substantially on two grounds: in the first place, the late hour at which the buffaloes were received by the appellant; and in the next place, his failure to explain why they should hav

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