The Queen v Margaret Byrne

• Jurisdiction: Ireland
• Judgment Date: 13 June 1850
• Date: 13 June 1850
• Court: Court of Criminal Appeal

Crim. Appeal.

THE QUEEN

and

MARGARET BYRNE.

Regina v. Faiderman and othersUNK 14 Jur. 377.

Regina v. WebbENR 2 Car. & Kir. 933.

Regina v. John Martin Ibid. 950.

H. T. 1850. Crim. Appeal. THE QUEEN V. MURPHY. 100 COMMON LAW REPORTS. BLACK13URNE, C. J. I will certify that the ease reserved has been heard by the Court, and each objection overruled, and on this certificate being produced to the Judge at the Commission Court, the proper judgment will be pronounced. T. T. 1850. . THE QUEEN v. MARGARET BYRNE.* June 13. In a case IN this case the prisoner pleaded guilty before BALL, J., at the last where a pri soner pleaded Assizes of the county of Wexford, to an indictment for larceny, guilty to an indictment for which set forth a previous conviction for felony. larceny, which set forth a By the 9 G. 4, c. 54, s. 21, it is enacted, that if any person shall previous con viction for be convicted of any felony not punishable with death, committed felony, and the Judge, after a previous conviction for felony, such person shall be liable to feeling doubts be transported for any term not less than seven years, or to be imÂÂas to his power to pass sen- prisoned for any term not exceeding four years. tence of trans- portation, By the 9 G. 4, c. 55, s. 3, it was enacted, that any person con- reserved the question for victed of simple larceny, or of any felony thereby made punishable the considera tion of this like simple larceny, should, except in the cases thereinafter otherwise Court without sentencing the provided for, be liable to be transported for seven years; or to be prisoner: Held, that the imprisoned for any term not exceeding two years. Court of Criminal Ap- By the 12 Vic. c. 11, s. 1, the foregoing enactment of the 9 G. 4; peal had jurisdiction no sdiction to c. 55, s. 3, is repealed so far as relates to the transportation of any entertain such a ease. such offender ; and it is enacted, that every such offender so con- Semble- victed shall be liable to be otherwise punished as by the said Act Where a writ of error could of the 9 G. 4, c. 55, is provided. be brought this Court has By the 3rd section of the foregoing Act (12 Vic. c. 11) it is no jurisdic- tion. enacted, that where any person has been twice convicted of any of the offences punishable upon summary conviction, under certain Acts therein mentioned, if the person so twice convicted shall after * PIGOT, C. B., CRAMPTON, J., PERRIN, J., BALL, J., JACKSON, j., Moonz, presiding. wards commit...