The State (Attorney General) v Judge Roe

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1952
• Docket Number: (1949. 2, 3, 4, 5, 6 S.S.)
• Date: 01 January 1952

H.C.

The State (Attorney General)

and

Judge Roe

District Court - Return for trial of accused person - Evidence of return for trial - District Court Order - Signature of Justice affixed by means of a rubber stamp - Validity of signature - Purported copies of order not in existence offered to Court of trial as evidence of return for trial - Oral evidence of order returning accused for trial - Jurisdiction of Circuit Criminal Court to try accused person - Whether return for trial necessary - Certiorari - Mandamus - Petty Sessions Act, 1851 (14 15 Vict., c. 93), ss. 14, 15 - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 27, 64, 77B - Courts of Justice Act, 1926 (No. 1 of 1926), s. 6 - Courts of Justice Act, 1936 (No. 48 of 1936), s. 62 - District Court Rules,1948 (Stat. R. O. 1947, No. 431), rr. 20, 23, 57 (1), 63 (2), 83, 84, 85.

Four men accused of certain criminal offences appeared before the Circuit Criminal Court in Clonmel and objectionwas then taken, on behalf of the first to be arraigned, to the Court proceeding with the trial on the grounds (inter alia):—1, that there was no evidence before the Court to show that...