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
_Rule in Nebraska._—The statements of a prisoner to be competent
evidence must have been voluntarily made. In cases of declaration
made on an examination before a coroner’s inquest by a person under
arrest or charged with the crime and also under oath, they are not
admissible. But when the person, although he be subsequently charged
with the offence, appears voluntarily, and gives testimony, before any
accusation has been made against him, his statements are admissible in
evidence against him on the trial of an indictment for the crime.[567]
MEDICO-LEGAL AUTOPSIES.
BY
H. P. LOOMIS, A.M., M.D.,
_Professor of Pathology in the University of the City of New York;
Visiting Physician and Curator to Bellevue Hospital, New York;
Pathologist to the Board of Health, New York City; President New York
Pathological Society, etc., etc._
AUTOPSIES.
A MEDICAL examiner before proceeding with an autopsy, especially if
called before the body has been removed from the place where it was
found, should carefully note certain facts. These should be entered
by himself or an assistant with great care, in a note-book, as this
book can be introduced as evidence in any trial. A satisfactory way
is to dictate to the assistant as the examination proceeds, and at
the conclusion the assistant reads the notes taken, and the examiner
verifies them.
SURROUNDING OBJECTS—POSITION OF THE BODY.
These should be first noted. The character of the soil; the condition
of the ground, and whether it shows footprints; if so, their direction;
the evidence of any struggle; the presence of any weapon; and finally,
the exact position in which the body lies, especially the position of
the hands and feet. This is important, for the body may be found in a
position which the deceased could not have assumed on the supposition
of the wound or injury having been accidental or homicidal. If possible
a photograph should be taken of the body in the exact position in
which it is found. If it is absolutely necessary to remove the body,
it should be done with great care, keeping the body in as horizontal a
position as possible.
The character of the surrounding soil should be noted. This is of
special importance when the body to be examined has been exhumed: for
the question of preservation of the body and the ability to recognize
pathological changes may be brought up at a trial. This was an
important point raised in the Buchanan case (New York, 1893).
If a body be found in the water, examine the character of the water and
the temperature, and if found near the shore, the character of shore
and bottom.
=Blood.=—The situation of blood-stains, and their number and extent,
on clothing or surrounding objects should be noted. This will often
show whether a struggle has taken place after receiving the fatal
wound, and is also of medico-legal importance if made at the time the
body is found, for it may be so situated as to show that the body has
been interfered with after death.
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