State ex rel. Brown v. Bellows
State ex rel. Brown v. Bellows
Dissenting Opinion
I dissent from the judgment, being of the opinion that Section 1221 of Revised Statutes does not authorize a coroner to hold an inquest when the death is not “supposed” to result from violence, but is known to be the result of a murderous assault openly perpetrated in the presence of a number of persons. He can not take the place of a prosecuting attorney, examining court or grand jury, under the pretext of an inquest.
Opinion of the Court
Whether the judgment of the circuit court was justified by the facts which it found is the only question before us. The duties of the coroner are prescribed in section 1221 of the Revised Statutes: “When information is given to any coroner that the body of a person whose death is supposed to have been caused by violence, has been found within the county, he shall appear forthwith at the place where
It is thus indicated that the inquest is intended to aid in the detection of crimes and in the punishment of those who perpetrate them. Construed with this purpose in view, and with reference to their natural meaning, the sense in which the words and phrases of the statute are used should not be the subject of serious doubt. A death “caused by violence” is a death caused by unlawful means, such as usually call for the punishment of those who employ them. A body “is found” within the county when it is ascertained by any means that it is within the county. “Death is supposed to have been caused by violence” whenever from such observation as he may be able to make, and from such information as may come to him, the coroner is for reasons of substance led to surmise or think that the death has been so caused. To hold that within the contemplation of the statute death cannot be supposed “to have been caused by violence” if persons other than the coroner may know
It is the duty of the coroner to hold an inquest and to perform the other duties enjoined upon him by these sections of the statute whenever a dead body is found within his county and he knows or may reasonably believe that death was caused by unlawful means. For such services he is entitled to the compensation which the defendants propose to pay.
These conclusions are well supported in the opinion of Shearer, chief justice,- when disposing of this case in the circuit court, 15 C. C. Rep., 504; 8 C. D., 376.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.