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
If a majority of the jury are not satisfied with the medical evidence,
they may require the coroner, in writing, to summon another legally
qualified practitioner, named by them, to make a _post-mortem_
examination, with or without analysis of the contents of the stomach
and intestines, and give evidence as to the cause of death. A medical
practitioner who fails to obey the summons of a coroner, issued in
pursuance of the Coroners Act, is liable to a penalty not exceeding
five pounds, unless he shows good and sufficient cause for not having
so done. When evidence has been given before a coroner or magistrate,
and the case is afterwards sent for trial, copies of the medical report
and depositions are given to the judge and counsel, so that evidence
given at the trial is compared in detail with that given before the
coroner or magistrate. In view of this, it is imperative on the part of
medical witnesses to carefully consider their evidence before giving it.
The object of a coroner‘s inquest is to ascertain whether the death of
the person, over whose body the inquest is held, was due to natural
causes or not.
The proceedings are not directed against any one, they do not
constitute a trial, and hearsay evidence is admissible. The coroner
and jury alone have the right to interrogate the witnesses. Counsel
may be present in the interest of persons concerned with the inquest
who may desire such assistance, but counsel may not cross-examine any
witnesses, and may only question them by permission of and subject to
the decision of the coroner.
Witnesses are examined on oath, their evidence is taken down, and
should the case be transferred to a superior court, they are bound
under a penalty to appear and give evidence. The coroner may adjourn
an inquest for the purpose of obtaining further evidence, if he should
deem it necessary.
Should the verdict of the jury charge a person with murder, the coroner
issues a warrant for the arrest of the person, unless the person be
already in custody. In the case of manslaughter the coroner may accept
bail. According to the Act 4 Edw. I. c. 2, the coroner and jurors must
_view_ the body, this being _absolutely necessary_ to give jurisdiction
to him, and he has the power, within a convenient time after the death,
to order a dead body to be disinterred for this purpose.
Order of Summons from the Coroner to a
Legally Qualified Medical Practitioner
=_“London._=
_To wit_--_To_ ____________________ Esq., Surgeon.
Public-domain text, read in full here on John Shaqi.
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