1947 Present: Howard C. J. and Windham J.
 
THE KING v. PETER NONIS

S. C. 126-D. C. Crim.  Avissawella, 38,092.

    Marriage Registration Ordinance (Cap. 95), s. 38 (I) -Entry in register-Charge of bigamy-Entry not produced-Best evidence-Admissibility of oral evidence- Penal Code, a. 362 C.
 
The appellant was charged with bigamy. The prosecution produced no entry in the marriage register book in proof of the first marriage but called in evidence the first wife and the officiating priest. This evidence was un-contradicted.
 
Held, that the first marriage was properly proved. The expression " best evidence " in section 38 of the Marriage Registration Ordinance merely signifies that the entry in the register shall prevail over any other evidence as to marriage in case of conflict as to whether the marriage was celebrated at all or as to its character or any particulars regarding it.
 
APPEAL from a judgment of the District Judge, Avissawella.
 
H. Wanigatunga, for the accused, appellant.
 
Boyd Jayasuriya, C. C., for the Attorney-General.

Cur. adv. vult.

November 10, 1947. WINDHAM J.-
 
The appellant was convicted of bigamy, contrary to se