Present  : Wood Renton C.J.   1914.

THE KING v. PERIS et al.

174-175-D. C. Colombo, 3,847.

Unlawful assembly-Penal Code, s. 138-" Other offence. " not ejusdem generis with those immediately preceding.

The words "other offence" in clause 3 of section 138 of the Penal Code do not mean an offence ejusdem generis with those immediately preceding, namely, mischief and criminal trespass.

THE facts are set out in the judgment.

F. Obeyesekere, for the accused, appellants.

S. Obeyesekere, C.C., for the respondent.

November 19, 1914. WOOD RENTON C.J.-

This case raises an interesting question of law. The accused were charged, on a number of counts, with unlawful assembly, with the common intention of committing grievous hurt, and various kindred offences. They have been convicted and sentenced to heavy terms of imprisonment. The appellants' counsel has contended that the convictions on the counts of unlawful assembly are bad, inasmuch as the common intention alleged is to commit offences other than those specified in the various clauses of section 138 of the Penal Code, and in support of that contention he relies upon a decision of Mr. Just