Present: Wood Renton C.J.

THE KING v. SENANAYAKE

251-D. C. (Crim.) Kurunegala, 3.859.

    Joinder of charges-Rioting-House-breaking-Entering the boutiques of three men-Evidence of subsequent conduct of accused-Criminal  Procedure Code, ss. 179, 180-Evidence Ordinance, s. 8.

Accused was charged with having committed house-breaking on Jane 4, 1915, during the riots by entering into the boutiques of three men, with the intention, in each case, of committing theft.

Held, that the joinder of three distinct charges of offences committed against three different persons was not wrong.

"It is always open to the Court, on the application of an accused person against whom that section is being applied, to order that the trial should be separate, and any possible hardship may be obviated in that way."

In this case the District Judge admitted the evidence of certain witnesses, who said that the accused was at the head of a mob two days after the house-breaking.

Held, that, in the circumstances of this case, the evidence was not inadmissible.

THE facts appear from the judgment.

H- J- C Pereira (with him J. W. de Silva), for accused, appellant.

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