[IN THE COURT OF CRIMINAL APPEAL]

1959 Present: Basnayake, C.J. (President), K. D. de Silva, J., and
H. N. G. Fernando, J.

THE QUEEN v. K. GEEDRICK

Appeal 89 of 1959, with Application 108

S. C. 37-M. C. Galle, 5486

Trial before Supreme Court-Plea of autrefois acquit or convict-Judge must allow it to be tried by the jury-Criminal Procedure Code, ss. 216, 330, 331.

In a trial before the Supreme Court, a plea of autrefois acquit or convict must be tried by the jury.

APPEAL against a conviction in a trial before the Supreme Court.

M. L. de Silva, with Douglas Wijeratne and N. Wijeratne (assigned), for Accused-Appellant.

V. S. A. Pullenayegum, Crown Counsel, for the Crown.

September 8, 1959. BASNAYAKE, C.J.-

The accused-appellant was indicted on the following five charges, all of which related to the theft and illegal removal of property from the premises of M. P. Gomez and Company, Galle :-

"1. That on or about the 28th day of May 1958 at Havelock Place, Galle, in the division of Galle, within the jurisdiction of this Court, you did commit theft in the premises of M. P. Gomez & Co., Galle,

which had been left vacant and unprotected