The State (Cannon) v Kavanagh
| Jurisdiction | Ireland |
| Judgment Date | 24 June 1937 |
| Date | 24 June 1937 |
| Court | High Court (Irish Free State) |
Legality of detention for execution of sentence - Whether reviewable on habeas corpus -Criminal law - Jurisdiction of Circuit Court in criminal cases - Offences charged which were alleged not to have been committed where tried -Courts of Justice Act, 1924 (No. 10 of 1924), ss. 48, 53 - Conclusion by jury without evidence on fact essential to jurisdiction - Indictment and conviction of an offence with which accused not charged in District Court - Offence properly arising on evidence given in District Court -Constitution of the Irish Free Sta te (Sacrstt Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Art. 6.
Sect. 53 of the Courts of Justice Act, 1924, provides: —"Provided that the jurisdiction hereinbefore vested in and transferred to the Circuit Court in criminal cases shall be exercised by the Circuit Judges severally as follows: —The Circuit Judge having jurisdiction shall be the...
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The State (Brien) v Kelly
...a charge in respect of an offence to which the prosecutor had not pleaded guilty in the District Court. The State (Cannon) v. KavanaghIR [1937] I.R. 428 distinguished; 3, that, as no form of plea of guilty had been prescribed, the plea of the prosecutor in the District Court was a valid ple......
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