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
The law in both countries appears to differ more in terms than in
practice. In England, if an injured party live for one year and a day,
and then die, death is not attributed to the injury; but in Scotland,
although no definite time is fixed, yet no case would I believe
be entertained at any lengthened period after the commission of a
homicidal act. The longest interval, according to Taylor, at which
conviction has taken place from indirectly fatal consequences was _nine
months_.
In the United States, as a rule, the crime of murder admits of two
degrees: in the _first_, where the act is intentional or is the result
of an attempt at burglary, rape, arson, or by poison; otherwise the
crime falls under the _second_ degree.
WOUNDS
=Legal Definition.=--According to the statute (24 and 25 Vict. c. 100,
sec. 18), the word “wound” includes incised, punctured, lacerated,
contused, and gunshot wounds. But to constitute a wound within the
meaning of the statute, the _whole skin_, not the mere _cuticle_, or
upper skin, must be divided (R. _v._ M‘Laughlin, 8 C. & P. 635). But
a division of the _internal_ skin, _e.g._ within the cheek or lip, is
sufficient to constitute a wound within the statute (R. _v._ Warman,
1 Den. C.C. 183). If the skin be broken, the nature of the instrument
with which the injury is inflicted is immaterial, for the present
statute extends to wounding, &c., “_by any means whatsoever_.” A wound
from a kick with a boot is within the statute (R. _v._ Briggs, 1 Mood
C.C. 318). Injuries, burns, and scalds--which, in accordance with the
above definition of a wound, are not wounds--are provided for under
the clause, “or cause any grievous bodily harm to any person.”
Casper defines “an injury” to be “every alteration of the structure
or function of any part of the body produced by any external cause.”
Taylor proposed the following as the best definition which can be given
to the word “wound,” whether in a medical or legal sense, viz. that
it is “a breach of continuity in the structures of the body, whether
external or internal, suddenly occasioned by mechanical violence.”
This would include dislocations, fractures, either simple or compound,
injury to the skin or mucous membrane, and to internal organs. Burns
and injuries due to the action of corrosives are excluded from the
category of wounds.
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