State (Attorney-General) v Judge Binchy
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1966 |
| Date | 01 January 1966 |
| Court | Supreme Court |
Order returning accused not proved - Trial judge directing jury to return verdict of "not guilty" - Verdict of "not guilty" simpliciter written on issue paper -Certiorari - Mandamus - Whether Court can quash a verdict of "not guilty".
W. was indicted before the Circuit Criminal Court on a charge of larceny and receiving. The prosecution case closed without the order returning the accused for trial in the Circuit Criminal Court having been proved by the prosecution. Counsel for the accused applied for an acquittal by direction as, he submitted, there must be an order returning the accused for trial and proof of such order was an essential part of the prosecution's case. The prosecution applied for leave to produce and prove the order but this was refused. The trial Judge then recalled the jury and after explaining the position to them he directed the foreman to write the words, "not guilty", on the issue paper and this was done. Held by the Supreme Court (Maguire C.J...
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