83 / 328
that he was so confused and deficient in reason that
he was incapable of forming the necessary intent, and
that he was guilty but insane as he was suffering from
a disease of the mind within the M'Naughten Rules.
The judge had put the third defence to the jury, but
not the first or second. Held, on appeal, that the
course taken by the judge was right and that no
alternative verdict of manslaughter was
open
(Bratty
v.
Att. Gen. for Northern Ireland (1961) 3
W.R.L. 965 ; 105 S.J. 865 ;
(1961) 3 All E.R. 523,
H.L.)
Criminal law—summing-up—issue of provocation not left
tojury. (Homicide Act,
1957 (5 & 6
E/i%. z, c.
n), ^.3)
If in a trial on a charge of capital murder contrary
to 3.5 (i) (b) of the Homicide Act, 1957, evidence is
given on which the jury might find such provocation
as would reduce the crime to manslaughter under s. 3
of the Act, the judge must direct the jury that the
alternative verdict of manslaughter is open, and
leave the question of provocation to the jury, even
though the defence did not seek to raise the defence
during trial.
The appellant had shot his father-in-law in the
course of gang warfare between his and another
family. His defence was that he had shot his father-
in-law by mistake, having meant to shoot at two
members of the rival gang who were attacking his
father-in-law in his own home. Neither party sug
gested that a verdict ofmanslaughter might be given,
and there was not a word in the appellant's evidence
to suggest in terms that he had been provoked. No
reference to manslaughter was made in the summing-
up to the jury, which convicted of capital murder. On
appeal, held that as the alternative verdict was open
on the facts it should have been explained to the jury
and the question of provocation should have been
left to them, and as the jury might have returned a
verdict of manslaughter tha t verdict should be sub
stituted : R.
v.
Porritt (1961) 3 All E.R. 463. C.C.A.
THE REGISTRY
Register A
Would any Bank, Solicitor or other person, -who may have any
knowledge of the whereabouts of the documents kindly
communicate with Fred Sutton & Co., Solicitors, 52 Dame
Street, Dublin.
IN the Goods of MARIE J. PAINE, late of Norval, Croswaithe
Park, Dun Laoghaire, Co. Dublin, deceased who died at
Bloomfield, Donnybrook, Dublin, on the 6th January, 1962.
If any person is aware of a Will of the deceased subsequent to
the igth April, 1947, will they please communicate with
John P. A. Hooper & Co., Solicitors, Royal Bank Chambers,
102 Upper George's Street, Dun Laoghaire, Co. Dublin.
REGISTRATION OF TITLE ACTS,
1891 AND 1942
Issue of New Land Certificate
Applications have been received from the regis
tered owners mentioned in the Schedule annexed
hereto, for the issue of Certificates of Title in sub
stitution for the original Certificates issued in respect
of the lands specified in the said Schedule, which
original Certificates, it is alleged, have been lost or
inadvertently destroyed.
A new Certificate will be issued in each case,
except a case in respect of which notification is
received in this Registry within 28 days from the
publication of this notice, that the Certificate of
Title is still in existence, and in the custody of some
person other than the registered owner. Any such
notification should state the grounds on which such
Certificate is being held.
Dated the 3ist day of January, 1962.
D. L. McALLISTER,
Registrar of Tides
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
ASSISTANT SOLICITOR
BANK'S LAW AGENT (Dublin) has vacancy for an
Assistant Solicitor, aged under thirty. Good knowledge
of conveyancing essential. Initial salary according to
experience, but not less than £800. Reply (in con
fidence), stating age and details of education, qualifica
tions and professional experience to Box A. 191.
1. Registered Owner Most Reverend Michael
Fogarty and others. Folio number 329. County Clare.
Lands of Caherhurley in the Barony of Tulla Upper
containing 8a. 02. 2p.
2. Registered Owner George A. O'Toole. Folio
number 6017. County Kildare. Lands of Carbury in
the Barony of Carbury containing oa. or. 2$p.
Register C
^
Registered Owner Robert Eaton.
Folio
Eetate of the late Miss PHYLLIS MURRAY, Barrcttstown Castle, Qumber 2722. County Donegal. Lands of Munter-
r^^-^Sa^^^^^o^to^
«nny in the Barony of Raphoe North, containing
the original title deeds of the Barrettstown Castle Estate.
39a. or. I2p.
75