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
being excluded. He has no right to dissect the body. If the coroner’s
jury pronounce him guilty, the inquest, like the indictment of a grand
jury, simply makes him liable to arrest.[528]
MASSACHUSETTS STATUTORY PROVISIONS.
The statute law of Massachusetts has already been referred to. It
has abolished the office of coroner and in its place put medical
examiners, so called, who are presumed to be learned in the science
of medicine. Their powers, however, are not co-extensive with those
of coroners. A medical examiner cannot hold an inquest. He cannot
hold an autopsy without being thereto authorized in writing by the
district attorney, mayor, or selectmen of the district, city, or town
where a dead body lies. He can only upon receiving notice that there
has been found, or is lying within the county, the dead body of a
person who is supposed to have come to his death by violence, repair
to the place where such body lies, view and take charge of the same.
If he deems a further examination necessary and is authorized so to
do, he must make an autopsy in the presence of two or more discreet
persons, whose attendance he may compel by subpœna if necessary, and
he must then carefully reduce or cause to be reduced to writing every
fact and circumstance tending to show the condition of the body and
the cause and manner of death, together with the names and addresses
of the witnesses. If he deems it necessary, he may employ a chemist
to aid in the examination of the body or of substances supposed to
have caused or contributed to the death,[529] the record of which
he must subscribe.[530] Such an autopsy does not, however, upon
the trial of an accused render other competent evidence, as to the
condition and appearance of the dead body at the time of the autopsy,
inadmissible.[531] The autopsy may be followed by an inquest held, not
by the examiner, but by a justice of the district, police, or municipal
court for the district or city in which the body lies, or a trial
justice. One of these functionaries must hold an inquest upon being
notified by a medical examiner that in his opinion a death was caused
by violence, and after hearing the testimony draw up and sign a report
and issue process for apprehension of a person charged by the report
with the commission of an offence, if he is not in custody.[532]
Even though a medical examiner reports that a death was not caused
by violence, and the district attorney or the attorney-general is
of a contrary opinion, either one may, notwithstanding such report,
direct an inquest to be held in accordance with the provisions of the
statute.[533]
NEW YORK’S STATUTORY PROVISIONS.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account