People (Attorney General) v Killian

• Jurisdiction: Ireland
• Judgment Date: 01 January 1958
• Date: 01 January 1958
• Court: Court of Criminal Appeal

C.C.A.

The People (Attorney General)

and

Killian

Notice of motion - Jurisdiction - Application for leave to appeal to Court of Criminal Appeal refused - Alleged confession by another person that he committed crime for which appellant had been convicted - Fresh evidence -Whether Court of Criminal Appeal has jurisdiction to reinstate an application for leave to appeal.

1. P. K. applied to the Court of Criminal Appeal for leave to appeal against a conviction and sentence of the Circuit Criminal Court on an indictment charging him, with another person, with unlawfully and maliciously setting fire to a house and shop. The application was refused as was an application for leave to appeal to the Supreme Court. P. K., while serving his sentence, alleged that he learned from another prisoner that the latter was prepared to confess to having committed the crime for which P. K.had been convicted. P. K. applied to the Court to reinstate the application for leave to appeal and for leave to add to his...