1937   Present: Abrahams C.J.

THE KING v. MENDIS et al.

43-44-D. C. (Crim.) Galle, 15,692.

Unlawful assembly-Conviction for rioting-Alteration to one of hurt-Not a minor offence-Nor alternative offence-Elements of offence-Number- of persons charged-Criminal Procedure Code, ss. 181 and 183.

In appeal a conviction for causing hurt cannot be substituted for one of rioting as hurt is a minor offence in relation to rioting within the meaning of section 183 of the Criminal Procedure Code, nor an alternative offence to rioting within the meaning of section 181 of the Criminal Procedure Code.

Quaere, whether on the trial of a number of persons for being members of an unlawful assembly so many of them are acquitted that the remainder of themselves cannot form an unlawful assembly, the latter must perforce be acquitted even if it can be proved that there were other persons who, though not charged, had the same common object and were sufficient in number to constitute an unlawful assembly.

Jayewardene v. Perera et al.' (1 Thambyah Rep. 15) doubted.

It is the duty of a trial Judge to record his finding on every charge.

 APPEAL from a convictio