1918.   [Full Bench.]

Present: Ennis, Shaw, and De Sampayo JJ.

THE  KING  v.   MUDIANSE   et  al.

P. C. Kandy, 17,348.

Accused arrested on suspicion ? Murder ? Statement of accused taken on oath ? Statutory statement under s. 155, Criminal Procedure Code ? Statement of accused read over to him and admitted to be correct ? Statement admissible ? Criminal Procedure Code, ss. 134, 302, and 155.

The statement of an accused person (arrested on suspicion of having committed an indictable offence) taken on oath as that of a witness is not in accordance -with the provisions of sections 134 and 302 of the Criminal Procedure Code, and is inadmissible against the accused at the trial.

An accused whose statement was so recorded subsequently made a statement, when addressed under section 155 of the Criminal Procedure Code, as follows: " Yesterday I made a full statement to the Magistrate, that is the statement I wish to make now. " The Magistrate then had the statement previously recorded read to the accused, and made the further endorsement that the accused admitted it to be correct.

Held, that as the first statement had become incorporated with th