Present : Bertram CJ. 1921

THE KING v. ARNOLIS.

139-D. C. Colombo, 5,928.

Theft- Accused charged with dishonest retention of stolen property - Evidence of previous sales of stolen Umber by accused-Criminal Procedure Code, ss. 182 and 408-Penal Code, s. 394.

Accused, who had agreed with a timber merchant to sell him a certain quantity of timber, went with another person and opened a timber store belonging to Messrs. Darley, Butler &, Co., and loaded carts with timber. He was promptly arrested at the stores in the act, and was charged with dishonest retention of stolen property under section 394 of the Penal Code.

Evidence was led at the trial to prove that he had sold timber belonging to Messrs. Darley, Butler & Co. to others on previous occasions.

Held, that while the charge of dishonest retention was not appropriate to the circumstances, it was open to the Court to convict the accused of theft under section 182 of the Criminal Procedure Code.

The evidence of previous sales of stolen timber was admissible on the question of theft. " This evidence was tendered under section 408 of the Criminal Procedure Code in support of the charge of ret