O'Donovan (an Infant) v Matthews and Others

JurisdictionIreland
Judgment Date01 January 1939
Date01 January 1939
CourtCircuit Court
(Cir. Ct.),
The People
and
Scanlon

Indictment - Wording of - Disclosure of offence - Carnal knowledge of feeble-minded woman - Knowledge of accused that woman was feeble-minded not an essential allegation - Parenthetical clause - Criminal Law Amendment Act, 1935 (No. 6 of 1935), s. 4 -Criminal Justice Administration Act (No. 44 of1924), s. 6.

Certain counts of an indictment under the Criminal Law Amendment Act, 1935, s. 4, alleged that the accused unlawfully and carnally knew M. C. "a woman or girl who is feeble-minded." Objection was taken to the indictment on the ground that it was inoperative and incurable by reason of its failure to allege that the accused knew that M. C. was feeble-minded. Held, that the objection could not be sustained as the allegation in question was not essential, and that if it were, the indictment could be amended under the Criminal Justice Administration Act, 1924, s. 6.

(Cir. Ct.),
O'Donovan (an Infant)
and
Matthews and Others

Circuit Court - Infant plaintiff -Lodgment of money in Court by defendant -Rules of the Circuit Court, Or. VII, rr. 9, 10 and11.

Where the plaintiff is an infant and the defendant lodges money in Court the plaintiff's next friend, if he wishes to accept the sum lodged, should apply to the Court for its approval. The defendant may properly be ordered to pay the costs of such application.

(Cir. Ct.),
O'Donovan (an Infant)
and
Matthews and Others

Circuit Court - Infant plaintiff -Lodgment of money in Court by defendant -Rules of the Circuit Court, Or. VII, rr. 9, 10 and11.

Where the plaintiff is an infant and the defendant...

To continue reading

Request your trial
1 cases
  • Purcell v "The Irish Press"
    • Ireland
    • High Court
    • 31 March 1944
    ... ... Circuit Court - Action brought by infant - Lodgment of money in Court by defendants -Failure of plaintiff to ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT