1921. Present : Bertram C.J.

THE KING v. JORONIS et al.

4-P.C. Avissawella, 32,503.

Accused only witness for defence-Time for summing up by Crown Counsel -One of several accused calling other witnesses-Time for summing up-Criminal Procedure Code, ss. 234 and 235.

Where the only witness called for the defence is the accused himself, the appropriate time for summing up of his case by counsel for the Crown is after the accused has given evidence and before the reply of his own counsel.

If there is another person accused on the same indictment and that person calls evidence (other than himself), the summing up of counsel for the Crown may be postponed till the conclusion of the case for that other person, so that counsel for the Crown may sum up as regards one accused person and reply as regards the other in the same speech. In such a case the counsel who called no evidence but his own client has the last word.

THE facts appear from the judgment.

Barber, C.C., for the Crown.

C. S. Rajaratnam (with him Senaratne), for first accused.

Georgesz, for second accused.

September 12, 1921. BERTRAM C.J.-

The question has arisen as to the point in a