Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
_Of his Authority to Hold an Inquest._—His authority to hold an
inquest is not confined to the body of a person who may have died
within his territorial jurisdiction, but extends to all bodies
brought within his jurisdiction, no matter where death may have taken
place.[520] So in any case where, after burial, an inquest becomes
necessary to determine the manner of the death of a person who, dying
in one, is buried in another county, the coroner of the latter county
is the proper officer to hold the inquest.[521] A coroner cannot hold
a second inquest while the first is existing. As we have seen, in
holding an inquest the coroner performs a judicial duty, and he is
_functus officio_ as soon as the verdict has been returned. He can hold
no second inquest in the same case unless the first has been quashed
by a court of competent jurisdiction, and a new inquiry ordered. He
cannot set aside or quash his own inquest. If he were allowed to hold
two inquests, not only might the greatest inconvenience arise from the
inconsistent findings of the respective juries, but such a practice
would be liable to great abuse, and as the object of the proceeding is
merely preliminary, the main purpose being to ascertain whether it is
probable that a crime has been committed, and to examine the facts and
circumstances and preserve the evidence, all the ends of this inquiry
are answered by one inquisition, _super visum corporis_. We believe no
reported case is to be found in this country where a second inquisition
has been held, the first remaining undischarged, nor is any such
practice known to or recognized by our laws.[522]
THE INQUEST MUST BE HELD UPON VIEW OF THE BODY.
Public-domain text, read in full here on John Shaqi.
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