Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
previously given should be carefully followed. All injured or diseased
parts should be removed and preserved whenever this is practicable.
Soft parts not intended for analysis may be preserved in a concentrated
solution of salt.
=Beyond what Period is it useless to Exhume a Corpse=?--There is no
scientific limit, for even the bones may show that violence has been
used, or may point to the identity of a corpse, as in the case of
Livingstone just mentioned. Pregnancy may be detected. The medical
inspectors must proceed with the inspection unless they can positively
say that the progress of decay is such as to render the examination
nugatory in relation to its special objects. Casper mentions the case
of a man whose body was three times exhumed for different purposes. In
Scotland the law imposes a limit of twenty years, but in England the
law is silent on the point; in France a limit of ten years from the
date of the supposed crime; and in Germany, the limit is thirty years,
if the offence is that punishable with death, the time varying from
three to thirty years with the nature of the crime.
CHAPTER V
ASSAULTS, HOMICIDE, AND WOUNDS
=Assault.=--Every act of attack upon the person of another is an
assault in law, whether it injure or not; nor is it necessary that the
act done take effect. Spitting on anyone is an assault. No provocation
by word, whether written or spoken, can justify an assault, though it
may mitigate the offence. If a medical man unnecessarily strip a female
patient naked, under pretence that he cannot otherwise judge of her
illness, it is an assault if he himself take off her clothes (R. _v._
Rosinski, 1 Mood C.C. 12). So, where a medical man had connection with
a girl fourteen years of age, under the pretence that he was thereby
treating her medically for the complaint for which he was attending
her, she making no resistance solely from the _bona fide_ belief that
such was the case, this was held to be certainly an assault, and
probably a rape (R. _v._ Case, 1 Den. 580; 19 L.J. [M.C.] 174). Such an
act is now held to constitute a rape.
=Battery.=--This includes beating or wounding. A touch of the finger,
however slight, is included under this term.
=Homicide.=--In Scotch law homicide is held to be committed only where
a distinctly self-existent human life has been destroyed. Destruction
of an unborn child, however short a time before delivery, may be
criminal, but is not homicidal. In the same country criminal homicide
is divided into two classes:
(1) Murder. (2) Culpable Homicide.
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