Republic v. Angelo Crim. Rev. 18-M-71; 18/3/71; El-Kindy Ag. J.
The accused was charged with unlawful wounding before a Senior Resident Magistrate and pleaded not guilty. No evidence was taken. Two months later he appeared before a second magistrate. No plea was taken and the trial commenced, evidence being taken from three witnesses. The matter was adjourned and later a third magistrate took over the case. He took a plea of not guilty and followed the procedure laid down in section 196(1) of the Criminal Procedure Code. Witnesses for the prosecution and defence wee heard and judgment was reserved. The Magistrate hen discovered that the accused had not been called upon to plead by the second magistrate and ordered that the witnesses who had give evidence before that magistrate should be recalled to give their evidence before him. Before this could be done the third Magistrate was posted and the matter came before yet another magistrate who referred to the High court for revision.
Held: (1) “The decision (in
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