Attorney General v Smith

• Jurisdiction: Ireland
• Court: Court of Appeal (Irish Free State)
• Judgment Date: 16 July 1927
• Date: 16 July 1927

Ct. of Cr. App.,

Attorney-General

and

Smith

Application for leave to appeal-Fraudulent conversion - Bread-server -Money received for bread sold - Evidence -Insufficiency - Evidence not properly presented to jury - Verdict and sentence quashed.

Appellant, a bread-server employed by a baker, used to receive a supply of bread from the baker and take it out in the baker's van for sale, returning the unsold bread to the baker, and accounting for the bread sold. He was charged on three counts of fraudulently converting to his own use three small sums received by him for or on account of the baker from three purchasers of the bread. He was found guilty, and sentenced to six months' hard labour. The Court of Criminal Appeal quashed the verdict and sentence, holdingthat the evidence was defective in some important respects, particularly as regards proof in...