[IN THE COURT OF CRIMINAL APPEAL]

1960 Present: Basnayake, C.J. (President), Gunasekara, J., and
Sansoni, J.

THE QUEEN v. H. JALATHGE

APPEAL No. 79 OF 1960, WITH APPLICATION No. 93

S. C. 20 -M. C. Tissamaharama, 32462
 

Evidence---Gross-examination of witness as to previous statements made by him in writing or reduced into writing-Permissibility-evidence Ordinance, s. 145 (1).

There had been a previous trial which had proved abortive as the jury were divided 4 to 3. At the second trial Counsel for the accused sought to utilise the evidence given at the previous trial for the purpose of contradicting some of the prosecution witnesses.
Held, that under section 145 (1) of the Evidence Ordinance the defence Counsel was entitled to utilise the previous proceedings for the purpose of cross-examining the prosecution witnesses.

APPEAL, with application, against a conviction in a trial before the Supreme Court.

Colvin R. de Silva, with M. L. de Silva, for Accused-Appellant.

J. G. T. Weeraratne, Crown Counsel, for Attorney-General.

June 9, 1960. BASNAYAKE, C.J.

In this case the accused was indicted with an offence punishable under section