Court of Appeal of Zambia - 1970 July

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1 judgment


July 1970
John Banda v The People (Appeal No. 66 of 1970) [1970] ZMCA 13 (22 July 1970) Amending a charge mid-trial without re-pleading renders the trial a nullity; accused must be re-pleaded and warned of recall rights. Criminal procedure — Amendment of charge during trial — Failure to obtain plea to amended charge — Trial without plea a nullity — Right to recall prosecution witnesses for cross-examination.	22 July 1970

July 1970

Amending a charge mid-trial without re-pleading renders the trial a nullity; accused must be re-pleaded and warned of recall rights.

Criminal procedure — Amendment of charge during trial — Failure to obtain plea to amended charge — Trial without plea a nullity — Right to recall prosecution witnesses for cross-examination.

22 July 1970

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