Attorney General v Murray (No. 2)

JurisdictionIreland
Judgment Date15 July 1925
Date15 July 1925
CourtSupreme Court (Irish Free State)

Supreme Court.

Attorney-General v. Murray (No. 2).
ATTORNEY-GENERAL
and
JAMES MURRAY (No. 2) (1)

Practice - Appeal - Decision of the Court of Criminal Appeal - Certificate necessary to appeal therefrom - By what Court to be given - Whether by the Supreme Court or by the Court of Criminal Appeal - Courts of Justice Act, 1924 (No. 10 of 1924), sect. 29.

Application for a certificate to enable the applicant to appeal to the Supreme Court from a decision of the Court of Criminal Appeal.

James Murray, the applicant, had been convicted at the Central Criminal Court on a charge of murder, and sentenced to death. The conviction and sentence were, on appeal, affirmed by the Court of Criminal Appeal, reported ante, p. 266. And the Court refused to grant the applicant a certificate under sect. 29 of the Courts of Justice Act, 1924, to enable him to appeal from their decision to the Supreme Court. Following that refusal by the Court of Criminal Appeal, the applicant now applied to the Supreme Court for a certificate, the point of law involved being whether, on the construction of the section, the Court to grant the certificate was the Supreme Court or the Court of Criminal Appeal.

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4 cases
  • A.B. v Minister for Justice
    • Ireland
    • Supreme Court
    • 30 January 2002
    ...mentioned in this report:- Attorney General (Fahy) v. Bruen [1936] I.R. 750; (1936) 70 I.L.T.R. 247. Attorney-General v. Murray (No. 2) [1926] I.R. 300; (1925) 59 I.L.T.R. 112. Brady v. Donegal County Council [1989] I.L.R.M. 282. Hanafin v. Minister for the Environment [1996] 2 I.R. 321; [1......
  • IRISH ASPHALT Ltd v Bord Pleanála
    • Ireland
    • Supreme Court
    • 1 January 1997
    ...V CONMEY 1975 IR 341 LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S82(3B)(b)(iii) COURTS OF JUSTICE ACT 1924 S29 AG V MURRAY (NO 2) 1926 IR 300 KSK ENTERPRISES LTD V BORD PLEANALA 1994 2 ILRM 1 HANAFIN V MIN ENVIRONMENT UNREP SUPREME 1.3.96 1996/5/1262 DILLON-LEETCH V CALLEARY UNREP SUPR......
  • B & S v Minister for Justice, Equality and Law Reform
    • Ireland
    • Supreme Court
    • 30 January 2002
    ...right of appeal to the Supreme Court. The court followed the reasoning of the former Supreme Court in Attorney General v. Murray (No. 2) [1926] I.R. 300. An unsuccessful attempt to reopen this issue was made in Irish Hardware Association v. South Dublin County Council, also cited above. But......
  • B (A) v Governor of Training Unit Glengarriff Parade Dublin
    • Ireland
    • Supreme Court
    • 5 March 2002
    ... ... both the grounds advanced in support of the proposition that there is no need for an extension of time, the alternative argument for an extension ... ...

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