[IN THE PRIVY COUNCIL.]

1936  Present  :  Lord Chancellor (Viscount Hailsham), Lord Maugham,
and Sir Sidney Rowlatt.

KING v. ATTYGALLE et al.

In the Matter of a Petition for Special Leave to appeal.

 6-P. C. Kandy, 44,762.

Privy Council-Special leave to appeal from conviction-Misdirection of Law not a ground {or leave-Deprivation of substance of fair trial and protection of law must be shown-Burden of proof-Evidence Ordinance, No. 14 of 1895, s. 106.

 Misdirection with regard to the law does not afford sufficient ground of itself for granting special leave to appeal to the Privy Council from a conviction.

 There must be something which in the particular case deprives the accused of the substance of fair trial and the protection of the law or which in general tends to divert the due and orderly administration of the law into a new course which may be drawn into an evil precedent in the future.

 It is not the law of Ceylon that the burden is cast upon an accused person of proving that no crime has been committed.

PETITION for special leave to appeal to the Privy Council from a conviction after trial before a Judge and Jury at the