Forensic medicine and toxicology / by J. Dixon Mann.

  • Mann, J. Dixon (John Dixon), 1840-1912.
Date:
1902
Catalogue details

Licence: In copyright

Credit: Forensic medicine and toxicology / by J. Dixon Mann. Source: Wellcome Collection.

Provider: This material has been provided by King’s College London. The original may be consulted at King’s College London.

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    or manslaughter, the coroner issues a warrant for the arrest of the accused perpon, unless he is already in custody. When the offence is manslaughter, the coroner may accept bail. MAGISTEATES' COTJBT. Another preliminary court of enquiry is the Magistrates' Court of Petty Sessions. In this court the proceedings take the form of an investigation as to the culpability or non-culpability of a person accused of some act of criminality, or negligence of a criminal nature. As it is now a question of guilt or innocence, the accused person must be present; for the same reason witnesses may be examined and cross-examined by counsel; if no arrest has been made the magisterial investigation cannot tnke place. Unimportant cases— such as simple assaults—may be dealt with summaiily. In cases of suspected manslaughter or murder it frequently happens that the magisterial investigation is held immediately after the coroner's inquest, and the medical witnesses who have there appeared are called upon to repeat their evidence before the magistrates. If the evidence is deemed sufficiently conclusive of culpability the prisoner is committed for trial to a superior court, the witnesses being bound over to appear there and give evidence. The summons to attend at the assizes is called a subpoena, which, when tendered with reasonable travelling expenses, every witness in a criminal case is bound to obey. The relative obligations of common and expert witnesses will be subse- quently discussed. ASSIZES. The Assizes are courts in which both criminal and civil cases ai-o tried. Usually two judges are present; one presides over the Crown Court, where the criminal cases are tried ; and the other over the Civil Court, \\here suits between two individuals or parties are tried. It is with the former we are at present concerned. Before a case that has been sent up for trial from a lower court can come before the judge and petty jury, it undergoes an investi- gation by the grand jury. The function of the 'grand jury is to ascertain whether the cases brought before it are proper cases to go to trial. _This the grand jurymen do by hearing the evidence of such witnesses as they think fit, without the intervention__of counsel. If they are satisfied that a case should go before the judge and petty jury they find a true bill; if not, they cut the bill —that is, they quash the proceedings, and the accused is discharged. Medical witnesses under subpoena may be required to give evidence before the grand jury.