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
jury, after inspecting the body and hearing the testimony, must render
their verdict, and certify it by an inquisition in writing, signed by
them, and setting forth who the person killed or wounded is, and when,
where, and by what means he came to his death or was wounded, and if
he were killed or wounded, or his death were occasioned by the act of
another by criminal means, who is guilty thereof, in so far as by such
inquisition they have been able to ascertain.[538] The testimony of the
witnesses examined before the coroner’s jury must be reduced to writing
by the coroner, or under his direction, and must be forthwith filed by
him, with the inquisition, in the office of the clerk of the court of
sessions of the county, or of a city court having power to inquire into
the offence by the intervention of a grand jury.[539]
If, however, the defendant be arrested before the inquisition can be
filed, the coroner must deliver it with the testimony to the magistrate
before whom the defendant is brought.[540] If the jury find that
the person was killed or wounded by another under circumstances not
excusable or justifiable by law, or that his death was occasioned by
the act of another by criminal means, and the party committing the act
be ascertained by the inquisition and is not in custody, the coroner
must issue a warrant signed by him with his name of office, for the
arrest of the person charged.[541] The coroner has power to compel
the attendance of a witness and testify, and he may punish a witness
for disobedience, as upon a subpœna issued by a magistrate.[542] The
coroner’s warrant may be served in any county; and the officer serving
it must proceed thereon, in all respects, as upon a warrant of arrest
on an information, except that when served in another county it need
not be indorsed by a magistrate of that county.[543] When the defendant
is brought before the coroner, he must proceed to examine the charge
contained in the inquisition or information, and hold the defendant to
answer, or discharge him therefrom, in all respects as upon a warrant
of arrest on an information.[544]
II. THE JURY AND INQUEST.
_Jurors Must be Sworn by Coroner._—The jurors summoned by a coroner to
attend an inquest must be from the county or jurisdiction wherein the
coroner is empowered to act. He cannot proceed with the inquest until
he has summoned and sworn the jury. The jurors are not challengeable,
and therefore they should be carefully selected and sworn by the
coroner himself. His duties are judicial and he can only take an
inquest _super visum corporis_, and an inquest in which the jury is not
sworn by himself is absolutely void and of no effect.[545]
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