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Pius s/o Zacharia v. R., Crim. App. 212-M-67; 8/6/67; Mustafa, J.
Accused was originally charged with theft. When the prosecution case was almost complete, a new charge of breaking and stealing was added. Accused was given no opportunity to recall any of his witnesses.
Held: This procedure did not satisfy the requirements of section 209 of the Crim. Proc. Code, and it cannot be said whether the non-compliance with that section was prejudicial to accused. Conviction quashed.
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