O'Donovan (an Infant) v Matthews and Others

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 01 January 1939
• Date: 01 January 1939

(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...