1913 Present: Pereira J.

THE KING v. PILLAI et al.

Indictment-Charge of voluntarily causing hurt to constable with intent to prevent arresting cooly quitting without notice-No mention in indictment of a warrant to arrest cooly.

Where an indictment charged the accused with voluntarily causing hurt to Police Constable M with intent to prevent him from doing his duty, to wit, arresting P on a charge of quitting service without notice, -

Held, that, on the face of it, the indictment (which made no reference to a warrant of arrest) disclosed no offence, and a conviction on it could not be sustained, nor would it be proper, in the circumstances, to amend the conviction and the indictment without giving the accused a further opportunity of defending himself on the amended charge.

THE facts are fully set out in the indictment.

H. J. C. Pereira (with him Arulanandam), for accused, appellant. - The indictment is defective, and discloses no offence known to the law. " Quitting service without notice " is not by itself an offence. Even if it is, it is not a cognizable offence. The indictment does not allege that th