People (Attorney General) v Moriarty

Judgment Date01 January 1945
Date01 January 1945
CourtCentral Criminal Court (Ireland)
(Cent. Crim. Ct.),
The People (Attorney-General)

Jury - Illness of juror after jury sworn but before accused given in charge -Whether trial may proceed with eleven jurors -Whether illness occurred "in the course of the trial" - Juries Act, 1927 (No. 23 of 1927), s. 64.

  1. Sect. 64 of the Juries Act, 1927, provides that "Whenever in the course of the trial of any issue, a juror dies or is discharged by the Judge owing to his being incapable through illness or any other cause of continuing to act as a juror, the jury shall, unless the Judge otherwise directs or the number of jurors is thereby reduced below ten, be considered as remaining properly constituted for all the purposes of such trial, and such trial shall proceed and a verdict may be found accordingly."Held, that the section has no application...

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