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
_They Must Investigate and Determine the Facts._—After being sworn
by the coroner they must investigate and determine and are the sole
arbiters of the facts; the coroner’s duty being to instruct them in
the law. They must go, view, and examine the body together, and not
separately. It is essential to the validity of the inquest that the
jury should view the body.[546]
_Coroner may Compel Attendance of Witnesses._—When the coroner sits
to hold an inquest, he sits as a judicial officer, armed with all the
ordinary powers possessed by judicial officers. He may compel the
attendance of jurors whose qualifications are usually such as are
required of jurors in a court of record. It is his duty to present
before the jury all the material testimony within his power, touching
the death as to the manner whereof the jury are to certify, and that
which makes for as well as against the party accused. It is his duty
to summon before his inquest every person whom he has any reason to
believe possesses any knowledge relative to the death which he is
investigating. He is to summon such persons to attend before him for
examination. He has full authority to compel obedience to his subpœnas.
He has this power by the common law.[547] If a post-mortem examination
is made, the examining surgeons should testify before the jury as to
the matters disclosed by the examination.[548] The witnesses produced
must be sworn by the coroner, and their testimony reduced to writing by
him or under his direction.
RIGHTS OF ACCUSED PARTY.
The coroner is not required to take the testimony of the witnesses who
are examined before the jury in the presence of the party accused.
The accused has not the right to be represented by counsel, or to
cross-examine the witnesses.[549] He is not permitted to produce
witnesses before the coroner to show himself innocent of the crime. The
coroner is not required to examine any witnesses to establish the guilt
of such party when brought before him by virtue of process issued after
the finding of the inquisition.[550]
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