Attorney General v Smith

JurisdictionIreland
Judgment Date16 July 1927
Date16 July 1927
CourtCourt of Appeal (Irish Free State)
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...

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1 cases
  • DPP v Quilligan (No. 2)
    • Ireland
    • Supreme Court
    • 1 January 1989
    ...of Public Prosecutions [1964] A.C. 1254; [1964] 2 W.L.R. 1145; [1964] 2 All E.R. 401; 48 Cr. App. R. 183. Attorney General v. Smith [1927] I.R. 564. The People (D.P.P.) v. O'Shea [1982] I.R. 384; [1983] I.L.R.M. 549. The People (D.P.P.) v. Quilligan [1986] I.R. 495; [1987] I.L.R.M. 606. The......

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