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
_Deliberation by Jury and Return of an Inquisition._—After the
evidence has been taken, and the jury instructed in the law by the
coroner, the jury should retire to deliberate upon their verdict.
During such deliberation and until they have arrived at their verdict
the coroner should not be present in the room where the jury is
deliberating. After they have agreed on their verdict it should be
reduced to writing, and the coroner is bound to accept it as final in
his court. The inquisition should then be signed by the coroner and
jury.[551] If the inquest is signed by the coroner and duly certified
by him, the jurors having signed by making their cross marks, and the
whole being certified by the coroner, his certificate of the signatures
of the jurors is sufficient and the inquisition is properly made.[552]
If several jurors on the inquest have the same christian and surname,
it is not necessary in the caption of the inquisition to distinguish
them by abode or otherwise.[553] The law requiring the coroner to make
a return of the testimony with the inquisition cannot be satisfied
short of some official certificate indicating that the witnesses named
were sworn before him, to the matter insisted on as evidence against a
prisoner. At least if there be no formal authentication, there should
be proof _aliunde_ that the memorandum presents the testimony of the
witness truly.[554]
III. THE EFFECT OF THE EVIDENCE AND VERDICT.
Under the common law formerly, a coroner’s inquisition was equivalent
to an indictment by a grand jury upon which the accused might be
tried. But in this country no person can be tried upon a coroner’s
inquisition, yet the inquisition of a coroner’s jury finding a person
guilty of murder has about the same force against him, until the
grand jury passes upon his case, that an indictment found by them has
thereafter, prior to his trial.
_Coroner has Power to Issue Process of Apprehension._—If a person is
charged with the crime in the inquisition, the coroner has power and
he issues his process for the apprehension of the accused when not in
custody solely upon the inquisition. The inquisition, though taken in
the absence of the prisoner, and upon the testimony of witnesses he
could not cross-examine, settles the question of his guilt until the
grand jury passes upon the case. It justifies the commitment of the
prisoner to jail, in the same manner that the testimony of witnesses
does taken before a justice of the peace. The coroner can only examine
the prisoner in the same manner as upon a warrant of arrest or on
information, and is not authorized to examine witnesses either against
the prisoner or for him, when he is apprehended by virtue of process
issued subsequent to the finding of the inquisition by the jury, or in
custody of the coroner without process at the time the same is found.
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