Medical jurisprudence / by Alfred S. Taylor.

  • Taylor, Alfred Swaine, 1806-1880.
Date:
1850
Catalogue details

Licence: Public Domain Mark

Credit: Medical jurisprudence / by Alfred S. Taylor. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    Legal Definition.—In reference to the medical definition of a poison, it is neces- sary to observe that the law never regards the manner in which the substance administered acts. If it be capable of injuring the health of an individual, it is of little consequence, so far as the responsibility of a prisoner is concerned, whether its action on the body be of a mechanical or chemical nature. Thus a substance which simply acts mechanically on the stomach, may, if wilfully administered with intent to injure, involve a person in a criminal charge, as much as if he had administered arsenic or any of the ordinary poisons. It is then necessary that we should consider what the law strictly means by the act of poisoning. If the substance criminally administered destroy life, whatever may be its nature or mode of operation, the accused is tried on a charge of murder, or manslaughter, and the whole duty of the medical witness consists in showing that the substance taken was the certain cause of death. If, however, death be not a consequence, then the accused is tried under a particular statute for the attempt to murder by poison (1 Vict. c. lxxxv. sec. 2). The words of the statute are very general, and embrace all kinds of substances, whether they be popularly or professionally regarded as poisons or not. Thus it is laid down that— Whosoever shall administer or cause to be taken by any person, any poison, or other destructive thing, with intent to commit murder, shall be guilty of felony, and, being convicted thereof, shall suffer death. Whether the administering be followed by death or bodily injury dangerous to life, it is still a capital felony, provided the intent have been to commit murder. The same administering with intent, &c, although no bodily injury be effected, is felony, punishable by transportation for life, for fifteen years, or imprisonment for any term not exceeding three years. From the words of the statute, it appears that the law requires, in order to constitute the crime of poisoning, that the sub- stance should be administered to, or be taken by, an individual. These words do not appear to be sufficiently comprehensive. Several deaths have been caused, of late years, by the external application of arsenic and corrosive sublimate to ulcer- ated and diseased surfaces. Supposing that poison is thus applied intentionally, and great bodily injury is done to the individual, it might be open to doubt whether the crime could be punished under these sections of the statute. [As the laws of most, if not of all, the States, use the word poison, without de- fining it, a medical witness is liable to be called upon to declare whether certain substances are, or are not, to be considered as poisons; in some instances, as may be seen, this is extremely difficult. Were our laws so modified as to define the crime of poisoning, to be the administration of any destructive article with an intent to kill, there would be but little ambiguity; but, as the statutes now stand, it is almost impossible to decide what are to be regarded as poisons: thus, whilst a death by the administration of one of the mineral acids is, without hesitation, considered as by poison, it is extremely doubtful whether a murder by pour- ing boiling water into the mouth would be so ruled, and yet the injuries causing death are essentially the same in both instances, each acting as a mechanical irritant. So also, when a person throws sulphuric acid on another, and death is the result, is it to be regarded as a case of death by poison ? The substance em- ployed is admitted to be a poison, when given internally; would it be so, when applied externally ? The definition of a poison, in the text, is a modification of that given by Devergie (Med. Ley. ii. 480), and, though better than that of most authors, is deficient in not including poisons acting externally. Now, it is well known that many of the admitted poisons are capable of inducing death when applied to the surface, as, for instance, arsenic, strychnia, &c. The follow- ing will include almost all cases that can occur: A poison is a substance which, when taken internally, or applied to the surface of the body, is capable of destroy- ing life, without acting in a purely mechanical manner. Mr. Taylor [Poisons,