Present: Jayewardene A.J.

 NAMBIAR v. WIJEWARDENE.

445-P. C. Colombo, 35,208.

    Unlawful gaming-Entering premises without a search warrant-Proof of betting by specific acts.

Where a gaming place is entered without a warrant, a charge of unlawful gaming can be made out against an accused person only by proof of some specific acts of gambling or betting against him.

APPEAL from a conviction by the Police Magistrate of Colombo. The accused was convicted of unlawful gaming by playing a game called " Baby "and sentenced to pay a fine of Rs. 50, in default to undergo three weeks' rigorous imprisonment. On behalf of the accused it was urged that the prosecution had failed to prove that the premises in question were a common gaming place, or that the accused was seen playing a game for a stake.

J. S. Jayewardene, for appellant.

August 21, 1924. JAYEWARDENE A.J.-

In this case the accused, appellant, has been convicted of on lawful gaming by playing a game called " Baby " for money stakes and sentenced to pay a fine of Rs. 60, in default to undergo three weeks' rigorous imprisonment. On behalf of the accused it is contended that the prosec