COUSSEY J.
The appellant together with two others were charged on three counts of causing harm contrary to section 69 of the Criminal Code, 1960 (Act 29). He pleaded guilty on the three counts with explanation. The prosecuting officer gave the facts. Then the circuit court proceeded to convict the accused accordingly. But, before passing sentence, the record of proceedings shows that, the accused made his explanation. He said, "I did not inflict wounds on the policeman. I admit shooting the third complainant." The court then recorded, "In view of first accused explanation, I reject his pleas of guilty on counts 1 and 2 ... First accused convicted on count 3."
The appellant has appealed to this court on the ground that it was wrong in law for the court to hear his explanation after his conviction; and also to change his plea, and to proceed to hear evidence on the counts which were changed by the court on account of his explanation.
The appellant relied on section 171 (2) of the Criminal…