[CROWN CASE RESERVED.]

1920.   Present : Shaw J. and De Sampayo J.

THE KING v. APPU SINNO.

4-P. C. Matara, 17,821.

Plea of autre fois acquit-Verdict of acquittal by jury 5 to 2-Direction of Judge to reconsider verdict-Jury divided 4 to 3-Re-trial before another jury-Plea of autre fois acquit-Evidence-Witness not tendered for cross-examination by accused in Police Court-Dis-appearance of witness-Reading of evidence to jury-Criminal Procedure Code, ss. 248,331-Evidence Ordinance, ss. 33 and 167.

The jury returned a verdict of not guilty against the accused, who was charged with murder. The Judge directed the jury to reconsider the verdict. The jury were then divided in proportion of 4 to 3. The Judge discharged the jury. The accused was re-tried before another jury, and the plea of previous acquittal was taken on his behalf.

Held, that the plea was untenable.

A witness gave evidence before the Magistrate when the accused was not present. The Magistrate issued a warrant, but the accused was not arrested for some months. The witness had by this time disappeared, and consequently he was not recalled for cross-examination by the accused. The