1963 Present: H. N. G. Fernando, J., and T. S. Fernando, J.

THE QUEEN v. M. I. M. IBRALEBBE and others

S. C. 14-1711963-D. G. (Grim.) Batticaloa, 126

    Indictment-Joinder of charges based on unlawful assembly with charges based on common intention-Validity-Penal Code, ss. 32, 140, 146, 296-Criminal Procedure Code, ss. 178, 180, 184, 425-Court of Criminal Appeal Ordinance, 8. 5 (1), proviso.

"Where several accused were indicted on 13 charges, 7 of which were based on the allegation that they were members of an unlawful assembly, and the remainder of which could have resulted in a conviction of two or more of the accused only if the offences charged had been committed in pursuance of a common intention-

Held, that the joinder of the two seta of charges was lawful.

The Queen v. Don Marthelis and others (1963) 65 N. L. R. 19 not followed.

APPEALS from a judgment of the District Court, Batticaloa.

Colvin R. de Silva, with A. R. Mansoor, for the Accused-Appellants.

P. Colin Thome, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

June 7, 1963. H. N. G. FERNANDO, J.-

Several accused were indicted in this case on 13 charges, 7 of