1952 Present : Swan J.

CALDERA, Appellant, and IMBULDENIYA (S. I. Police), Respondent

S. C. 1,131-M. C. Colombo, 18,314

Criminal intimidation-Threat to cause death or grievous hurt-Jurisdiction of Magistrate's Court-Penal Code, ss. 483, 486.

A Magistrate's Court has jurisdiction to try a case of criminal intimidation if the threat was to cause death but the accused was unarmed and not in a position to cause death or grievous hurt and the threat could not have been uttered with any other intent than to cause alarm.

APPEAL from a judgment of the Magistrate's Court, Colombo.

M. M. Kumarakulasingham, with J. C. Thurairatnam, for the accused appellant.

Cecil Goonewardene, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

March 21, 1952. SWAN J.-

The accused-appellant was charged in this case with criminal trespass and intimidation under Sections 434 and 486 of the Penal Code. He was found guilty on both counts and sentenced to one month's rigorous imprisonment on the first count and to four months' rigorous imprisonment on the second count, the sentences to run concurrently.

The only point taken by learned Counsel for the appell