[ COURT OF CRIMINAL APPEAL ]

1946 Present : Soertsz A.C.J. (President), Wijeyewardene and
Canekeratne JJ.

THE KING V. M. G. P. FERNANDO.

APPEAL 46 OF 1946, with Application 170.

S. C. 88 - M. C. Chilaw, 27,953.

Non- direction - Alteration of conviction by Court of Criminal Appeal.

In a prosecution for attempt to commit murder the verdict which the jury returned was one of voluntarily causing grievous hurt. Having returned that verdict, they went on to say that in their opinion there was "latest provocation". In the summing up the existence of the offence of causing grievous hurt on grave and sudden provocation was not brought to the attention of the jury.

Held, that, in the circumstances, the conviction should be altered and that a conviction should be entered under section 326 of the Penal Code.

APPEAL, with application for leave to appeal, against a conviction in a trial before the Supreme Court.

A. H. C. de Silva, for the appellant.

H. A. Wijemanne, C.C., for the Attorney General.

November 18, 1946. SOERTSZ A.C.J. -

This is a case in which the appellant appeals against a conviction of causing grievous hurt entered against h