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Masaiti Magessa v. R. Crim. App. 294. 463, 331-M-67, 6/9/67. Mustafa J.
The three accused were tried together at one trial and were convicted of cattle theft. The first two accused were charged on one charge sheet and the third accused was charged on a second and separate charge sheet.
Held: (1) Individuals who are separately charged cannot have their charges consolidated or tried together. [Citing Uganda v. Raimondo Alindubo, (1966) E. A. 301, 303.] (2) The defect is fundamental and cannot be cured by section 346 of the Criminal Procedure Code.
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