(COURT OF CRIMINAL APPEAL)

1944 Present: Howard C.J., Moseley S.P.J., and Cannon J.

THE KING v. K. W. JAYANHAMY et al.

4- M.C., Avissawella, 28,961.

Murder - Two accused charged- Common intention-No proper direction to Jury.

Where two accused were charged with murder and the prosecution had to establish that they were acting with a common intention and there was no proper direction by the learned Judge that the mere presence of the second accused at the scene of the murder did not constitute common intention.

Held, that the conviction of the second accused could not be sustained.

APPEAL against a conviction, with leave of the Court.

M. M. Kumarakulasingham, for the Appellants.

E. H. T. Gunasekara, C.C., for the Crown.

October, 16, HOWARD C.J.-

It has been submitted to us that the evidence led at the trial of the first accused was generally of such an unsatisfactory nature that the conviction cannot be upheld. We do not think there is any substance in this contention and the appeal of the first accused is dismissed.

With regard to the second accused, however different considerations apply. I had to be established by the prosecutio