VANDENDRIESEN v. HOUWA UMMA
1937 Present: Abrahams C.J.
VANDENDRIESEN v. HOUWA UMMA
161-P. C. Kandy, 51,644.
Criminal procedure-Reception of evidence after close of
prosecution-Identification of accused-Proper method to be followed.
Evidence for the prosecution should not be taken after the case for the
prosecution has been closed when such evidence would have the effect either of
filling the gap left in the evidence or resolving some doubt in favour of the
prosecution.
Identification of an arrested person must be carried out in such a way
that not only must the identifying witness be given every reasonable chance of
being right but must also be given every reasonable chance of being wrong.
APPEAL
from a conviction by the Police Magistrate of Kandy.
Gratiaen, for accused, appellant.
Pulle, C.C., for the Crown.
August 4, 1937.
ABRAHAMS C.J.-
The appellant was convicted by the Police Magistrate, Kandy, on November 20 last
year for the offence of having in her possession on May 18, 1936, 1,286 grains
of opium without having obtained a licence, in breach of section 74 (5) (a) of
Ordinance No. 17 of 1929 as amended by Ordinance No. 43 of 1935. She was f
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