Magwa s/o Juma v. R., Crim. App. 46-M-67; Platt, J.
Held: (1) Section 296 of the Penal Code, covering shop breaking, does not include breaking and entering a bar. The distinction, though unrealistic, is well settled judicially. (2) Breaking and entering a bar is theft, however (P. C. s .265), and such a charge may be substituted by virtue of Paragraph 33(1) of the Primary Courts Criminal Procedure Code. Charge substituted.
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