<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p><strong>SOWAH J.</strong></p><p style="text-align: justify;">It is necessary in this trial to consider the submission which was made by counsel for the first accused as to the competency of this court to hear the case upon the bill of indictment before this court.</p><p style="text-align: justify;">Counsel for the first defendant submitted that on the 4th October, 1963, the accused persons were committed for trial to the High Court, and that on or about the 12th November, 1963, a nolle prosequi was entered in the course of the trial, stopping further hearing. Learned counsel submitted that the nolle prosequi affected only the trial before the High Court and that the proceedings which were transmitted to the High Court were of full force and effect and therefore the State cannot go back to the magistrate to start fresh proceedings on the same matter; further, he said inasmuch as the magistrate had already committed the accused person for trial he was functus officio.</p><p style="text-align: justify;">Counsel submitted that the only course open to the State was to file a fresh information or bill of …</p>