People v Scanlon

• 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...