Attorney-General v Fleming [Court of Criminal Appeal.]

• Jurisdiction: Ireland
• Judgment Date: 20 December 1934
• Date: 20 December 1934
• Court: Court of Criminal Appeal (Irish Free State)

[C. C. A., I.F.S.]

Attorney-General

and

Fleming

Murder - Admissibility - Evidence of a felony other than that charged in the indictment - Principles governing the admission of such evidence - Single defence of alibi - Judge's charge to jury - Comments by Judge on failure of accused when charged to account for his movements - Whether such comments amounted to misdirection.

F. was charged with the murder of his wife. At the trial it was proved that some time previously F. had become intimate with a young girl, R. M., to whom he represented himself as an unmarried man. He seduced her, and, on her informing him that she was pregnant, he repeated a promise to marry her which he had previously made to her. Evidence was also given at the trial as to an alleged previous attempt by F. to murder his wife by administering poison to her. F. was convicted and sentenced to death. The trial Judge gave a certificate that the case was a fit one for appeal, on the ground that the evidence as to F.'s previous attempt to murder his wife was improperly admitted to prove the commission of a separate felony to that charged in the indictment. F. accordingly appealed to the Court of Criminal Appeal on this ground, and also asked that Court for leave to appeal on the ground (inter alia) that the trial Judge had misdirected the jury. Held, that the alleged previous attempt by F. to poison his wife was so inextricably bound up with the whole history of the relations between F. and his wife by the tie which connected him with R. M. that it could not be excluded from the consideration of the jury. Accordingly the appeal based upon the ground stated in the trial Judge's certificate must be dismissed. R. v. BondELR, [1906] 2 K. B. 389, and Attorney-General v. Joyce and WalshIR, [1929] I. R. 526, applied. Principles which govern the admission or exclusion of evidence of a felony, other than that charged in the indictment, discussed. In dealing with the defence of an alibi which was made by F., the trial Judge in his charge to the jury...