1931

Present: Lyall Grant J.

(No. 17, 3rd Midland Circuit.)

KING v. RANHAMY.

P. C. Matale, 1,942.

Verdict-Charge of murders-Conviction for causing death by rash and negligent act- penal Code, s. 298.

Where an accused is indicted for murder, he may be convicted of causing death by a rash and negligent act.

THE accused was charged with murder before the third Midland Circuit held at Kandy, and the jury returned a verdict of causing death by a rash and negligent act.

The Judge in his charge to the jury said that they could find the prisoner guilty of murder, of culpable homicide not amounting to murder, of grievous hurt, or if they accepted the statement of the prisoner, they might consider that he acted rashly or negligently in using his gun, and if they so held they could find him guilty of causing death by a rash or negligent act under section 298 of the Penal Code. The jury convicted him under section 298.

No objection was taken at the trial either to the verdict or to the charge.

Some weeks later, Counsel for the prisoner raised the point that on a charge of murder it was not competent for the jury to bring in a verdict under se