VAN LARE J.A.: There was in fact no charge of stealing brought against the appellant before the magistrate to warrant any committal proceedings as provided by section 177 of Cap. 10, the charge of stealing in case No. 177/59, having been withdrawn and changed to a charge of attempted stealing in case No. 208/59 upon which the magistrate proceeded.
It appears that the learned magistrate did not proceed under section 177, but attempted to follow the procedure contained in section 176 at the time, as (presumably) it appeared to him that it was undesirable that the case should be tried summarily. The letter section reads as follows:
“Where in the course of the summary trial of an indictable offence it appears to the Court at any stage of the proceedings that the case is one which is of a character which renders it undesirable that it should be tried summarily the Court shall stop further proceedings and expunge the plea and shall thereupon proceed de novo in the manner provided in part v. o…