Sabaratnam V. Peter, In The Matter Of A Case Stated Under Section 353 Of The Criminal Procedure Code.

1941 Present: Soertsz J.

SABARATNAM v. PETER.

IN THE MATTER OF A CASE STATED UNDER SECTION 353 OF THE
 CRIMINAL PROCEDURE CODE

M. C. Mannar, No.7 (Madhu Camp).

Autrefois convict-Conviction under ss. 2 and 3 of the Lost Property Ordinance Charge against accused of theft of same property-Accused not entitled to raise plea.

Where the accused who had been charged and convicted under sections 2 and 3 of the Lost Property Ordinance was charged with theft of the same property or in the alternative with retaining that property knowing or having reason to believe that it was stolen property

Held, that he was not entitled to raise the plea of autrefois convict.

THIS was a case stated for the opinion of the Supreme Court under section 353 of the Criminal Procedure Code.

H. W. R. Weerasooriya, C.C., as amicus curiae.

Cur. adv. vult.

August 8, 1941. SOERTSZ J.

This is a case stated under section 353 of the Criminal Procedure Code for the consideration by this Court of the question of law whether an accused person who had been charged and convicted of an offence under se

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