PART VI. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF coroners. III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON. V. OF PROCEEDINGS RESPECTING BASTARDS. VI. OF PROCEEDINGS RESPECTING VAGRANTS. VII. OF PROCEEDINGS RESPECTING DISORDERLY PERSONS. VIII. OF PROCEEDINGS RESPECTING THE SUPPORT OF POOR PERSONS. ANTS. X. OF CRIMINAL STATISTICS. XI. MISCELLANEOUS PROVISIONS CRIMINAL NATURE. RESPECTING PROCEEDINGS OF A TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. SECTION 773. Coroner, when to summon jury to inquire into cause of death or wounding. Issue of warrant of arrest and proceedings thereupon. Coroner, when disqualified from acting. 774. Jury to be sworn. 775. Witnesses to be subpoenaed. 776. Compelling attendance of witnesses, and punishing their disobedience. 777. Verdict of the jury. 778. Testimony, how taken and filed. 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned. 780. Warrant for arrest of party charged by verdict. 781. Coroner's warrant, form of. 782. Warrant; how executed. 783. Duty of magistrate upon examination of charge. 784. Inquisition and testimony for magistrate. 785. Coroner to deliver money or property found, on deceased, to county treasurer. 786. County treasurer to place money to credit of county; and to sell other property and place proceeds to credit of county. 787. Money, when and how paid to representatives of deceased. 788. Supervisors to require statement under oath, from coroner, before auditing his accounts. 789. In New York, police justices may perform duties of coroner, during his inability. 790. Compensation of coroners. § 773. Coroner, when to summon jury to inquire into cause of death or wounding. Issue of warrant and proceedings thereupon. Coroner, when disqualified from acting.-Whenever a coroner is informed that a person has been killed or dangerously wounded by another, or has suddenly died under such circum stances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another by criminal means, or has committed suicide, he must go to the place where the person is, and forthwith inquire into the cause of the death or wounding, and summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, if such death or wounding be of a criminal nature, to appear before him forthwith, at a specified place, to inquire into the cause of the death, or wound, and if it shall appear from the sworn examination of the informant or complainant, or if it shall appear from the evidence taken on or during the inquisition that any person or persons are chargeable with the killing or wounding, or that there is probable cause to believe that any person or persons are chargeable therewith, and if such person or persons be not in custody he must forthwith issue a warrant for the arrest of the person or persons charged with such killing or wounding, and upon the arrest of any person or persons chargeable therewith, he must be arraigned before the coroner for examination, and the said coroner shall have power to commit the person or persons so arrested to await the result of the inquisition. Any coroner shall be disqualified from acting as such in any case where the person killed or dangerously wounded or dying suddenly, as aforesaid, is a co-employé with said coroner, of any person or persons, association or corporation, or where it ap pears that the killing or wounding has been occasioned, directly or indirectly, by the employer of said coroner. Amended by chap. 321 of 1887. This amendment inserted after the word "forthwith" in the original section the words "inquire into the cause of the death or wounding, and," and after the word "jurors," the words 'if such death or wounding be of a criminal nature," and added the provisions as to the warrant of arrest and the proceedings thereupon. Amended by chap. 562 of 1892. This amendment added the provision as to disqualification of coroner. See section 311 of Penal Code. See chap. 341 of 1893, amending chap. 231 of 1884, which provided for the election and compensation of a coroner in the county of Onondaga, and for post-mortem examinations in coroners' cases in said county. The case of People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38, was reversed in 6 St. Rep., 828; 105 N. Y., 146. Powers.-The powers and duties of a coroner are conferred by statute. People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 339. The dissenting opinion of Justice Hardin at general term, reported in People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 336, was approved and virtually concurred in. on appeal by court of appeals in 6 St. Rep., 828; 105 Ñ. Y., 146; 5 N. Y. Cr., 352. A coroner is not one of the magistrates enumerated in section 147, ante. People v. McGloin, 91 N. Y., 248. Inquest. This section and the two following sections are substantially re-enactments of the provisions of the Revised Statutes in respect to coroners inquests. (2 R. S., 743.) People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 340. A coroner's inquest is a judicial proceeding. Crisfield v. Perine, 15 Hun, 200; aff'd, 81 N. Y., 622. A person, under arrest before a coroner's jury and accused of having occasioned death by criminal means, occupies before the coroner and his jury a position similar to that of such a person before an examining magistrate. People v. Mondon, 2 St. Rep., 713; 103 N. Y., 211. Experiments made upon a regular examination before a coroner, with a view of sustaining the correctness of the testimony of a witness who has previously been examined thereon, constitute a part of the proceedings before the coroner, and partake of the judicial character of the examination. People v. Willett, 92 N. Y., 29; 1 N. Y. Cr., 355. Upon what proof.-This section seems to warrant the conclusion that affidavits, or information even not sworn to, may be acted upon by a coroner in determining whether it is his duty to proceed in a given case. People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 340, 354. Post-mortem.-For the purpose of inquiring into the cause of death, the coroner is authorized to employ a surgeon or physician to make a post-mortem examination. People v. Fitzgerald, 5 N. Y. Cr., 341. A post-mortem examination, conducted by surgeons employed by a coroner holding an inquest, is not a part of the inquest in such a sense as that every citizen has a right freely to attend it. Crisfield v. Perine, 15 Hun, 202; aff'd, 81 N. Y., 622. The post-mortem should not be in the presence of the jury. People v. Fitzgerald, 6 St. Rep., 828; 105 N. Y., 335; 5 N. Y. Cr., 354. They are to be instructed by the testimony of the physicians who are designated by the coroner to make it. Id. The point of law is debatable whether a post-mortem should take place before the coroner has impaneled a jury. People v. Fitzgerald, 6 St. Rep., 828; 105 N. Y., 152; 5 N. Ý. Cr., 354. If the body is interred before he comes, he must dig it up. People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 342; Rex v. Ferrand, 3 Barn. & Ald., 261. One accused, or suspected of the murder of the person to be examined, has no right, it seems, to be present at the post-mortem examination. Crisfield v. Perine, 15 Hun, 200; aff'd, 81 N. Y., 622. Who present.-The coroner has a discretion to determine whether any persons and what persons, besides the surgeons, may be present at the postmortem examination. Rhodes v. Brandt, 21 Hun, 1. Dissection.-Dissection by order of the coroner is expressly authorized. See Penal Code. People v. Fitzgerald, 6 St. Rep., 828; 105 N. Y., 152; 5 N. Y. Cr., 354. § 774. Jury to be sworn.-When six or more of the jurors ap pear, they must be sworn by the coroner to inquire who the person was, and when, where and by what means he came to his death or was wounded, as the case may be, and into the circum stances attending the death or wounding, and to render a true verdict thereon, according to the evidence offered to them, or arising from the inspection of the body. In the ordinary discharge of his duty, his jury should be sworn, view the remains and certify to their inquest. People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 342. Though this opinion was a dissenting opinion, it was virtually concurred in by the court of appeals. § 775. Witnesses to be subpoenaed. The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death or wounding. See notes under section 773, ante. Right of prisoner.-The prisoner has no right to cross-examine witnesses, or produce witnesses in his own behalf, before the coroner. People v. Collins, 20 How., 111; 11 Abb., 406. On an inquest before a coroner's jury, the coroner has no power to take testimony to establish the innocence of the prisoner. People v. Collins, 20 How., 111; Matter of Ramscar, 1 N. Y. Cr., 37; 10 Abb. N. Ĉ., 442; 63 How., 255. Expenses. Prior to the passage of chap. 620 of 1875, the coroner of New York city had no power to bind the city for the expense of a chemical analysis of the remains of a deceased person to ascertain the cause of death. Doremus v. Mayor, etc., 6 Daly, 121. But the act of 1875 conferred this power. See People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 340. As to this opinion, see preceding section. § 776. Compelling attendance of witnesses, and punishing their disobedience.-A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, as upon a subpoena issued by a magistrate, as provided in this Code. See section 619, ante; sections 8-13, 853-863 of Code of Civil Procedure. § 777. Verdict of the jury.-After inspecting the body, and hearing the testimony, the jury must render their verdict, and certify it by an inquisition in writing, signed by them, and setting forth who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded; and if he were killed or wounded, or his death were occasioned by the act of another, by criminal means, who is guilty thereof, in so far as by such inquisition they have been able to ascertain. Duty of jury.-By this section, it becomes the duty of the jury, if the death was occasioned by criminal means, to find who was the guilty person, and, on such finding, the coroner is empowered to issue his warrant for the arrest of the guilty party, if not already in custody. People v. Mondon, 2 St. Rep., 713; 103 N. Y., 216. Minutes of testimony.-It is not provided that the minutes of testimony shall form a part of the inquisition. People ex rel. Cosford v. Supervisors, etc., 38 St. Rep., 966; 13 N. Y. Supp., 681. They shall be taken and filed for use, if needed in the prosecution of the person suspected of the crime. Id. Examining magistrate.-The coroner, from the time that a felonious homicide is established, acts substantially in the place of an examining magistrate. McMahon v. People, 15 N. Y., 384; People v. Mondon, 2 St. Rep., 713; 103 id., 216. See note in People v. Everhardt, 2 Silv. (Ct. App.), 521. § 778. Testimony, how taken and filed.-The testimony of the witnesses examined before the coroner's jury must be reduced to writing by the coroner, or under his direction, and must be forthwith filed by him, with the inquisition, in the office of the clerk of the county court of the county, or of a city court, having power to inquire into the offense by the intervention of a grand jury. Am'd by chap. 880 of 1895. In effect January 1, 1896. See section 395, ante. Filing testimony.-There is no law requiring the coroner to keep an office. People ex rel. Masterton v. Gallup, 30 Hun, 504. This section requires the coroner to file depositions and inquisitions in certain clerk's office. Duty of coroner. — It is made the duty of the coroner, by this section, to reduce to writing the testimony of witnesses examined before the jury in the case of inquests. People ex rel. Cosford v. Supervisors, etc., 38 St. Rep., 966; 15 N. Y. Supp., 681. Defendant entitled to hearing before magistrate.-The defendant, against whom an inquisition has been found by a coroner's jury, is entitled to a hearing before a magistrate, whether he has been arrested before or after the inquisition has been filed. Matter of Ramscar, 1 N. Y. Cr., 34; 63 How., 255; 10 Abb. N. C., 444. See sections 781, 783 and 784, post, as amended by chap. 321 of 1887. § 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned.—If, however, the defendant be arrested before the inquisition can be filed, the coroner must deliver it with the testimony, to the magistrate before whom the defendant is brought, as provided in section 781, who must return it with the depositions and statement taken before him, in the manner prescribed in section 221. Under the provisions of this section, a defendant, who has been arrested before the inquisition can be filed, is entitled to be examined before a magistrate, before whom he may be brought, as provided in section 781, post; and a prisoner who has not been arrested until the inquisition was filed under sections 781 and 783, post, is entitled to be heard before a magistrate in all respects as upon a warrant of arrest on an information. Matter of Ramscar, 1 N. Y. Cr., 36; 63 How., 255; 10 Abb. N. C., 444. § 780. Warrant for arrest of party charged by verdict. If the jury find that the person was killed or wounded by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another, by criminal means, and the party committing the act be ascertained by the inquisition, and be not in custody, the coroner must issue a warrant, signed by him with his name of office, into one or more counties, as may be necessary, for the arrest of the person charged. See Matter of Ramscar, 1 N. Y. Cr., 34; 63 How., 255; 10 Abb. N. C., 444. § 781. Coroner's warrant, form of. The coroner's warrant must be in substantially the following form: County of Albany [or as the case may be]. In the name of the people of the State of New York, to any sheriff, constable, marshal or policeman in this county: An inquisition having been this day found by a coroner's jury before me, stating that A. B. has come to his death by the act of C. D. by criminal means [or as the case may be], as found by the inquisition; or, information having been this day laid before me that A. B. has been killed or dangerously wounded by C. D., by criminal means [or as the case may be], you are hereby commanded forthwith to arrest the above-named C. D. and bring him before me, or in the case of my absence or inability to act, before the nearest or most accessible coroner in this county. of Dated at the city of Albany [or as the case may be], this day , 18 E. F., Coroner of the County of Albany [Or as the case may be.] |