Misdemeanour charged - felony proved

Where a misdemeanour is charged, and the evidence established the commission of felony, the accused person shall not by reason thereof be entitled to be acquitted of the misdemeanour, charged-felony Provided that no person tried for a misdemeanour shall be liable to be afterwards prosecuted for felony on the same facts, unless the court before which that trial is had thinks fit, in its discretion, to discharge the jury from giving any verdict thereon, and to direct the person to be indicted for felony, in which case he may be dealt with in all respects as if he had not been put upon his trial for the charged- part