Anonymous, 1 N.C. 166, 1 Mart. 166 (1793)

1793 · United States Circuit Court for the District of North Carolina

1 N.C. 166, 1 Mart. 166

Anonymous.

Hill. 2 Car.

LITTLETON took divers exceptions to an indictment before the coroners of Montgomery, which was removed here by certiorari.

1. The inquisition ought to be sufer visum corporis. This appears in Britton de coroners and the statute de officio coronatoris. 4 Ed. 1. St. 1. p. 13. and F. Coronæ 107. 21 E. 4. 70. 2 R. 3. 2. Therefore, if a man be drowned and his body cannot be found, the coroner cannot inquire, but the Justices of the Peace ought to do so. Here it appears, that it was not super visum, for it is inquisitio capta apud D. super corpus I. S. mortis jacentis apud L. If it was in one town, a view could not be had of it in another.

Doderidge, J.

having view of the body at L. and afterwards taking the inquisition at D. is well enough.

2. The inquisition is per sacramentum duodecim proborum et legalium hominum com. præd. And this is bad; for the inquisition ought to be by men of the same vill, before the coroners, or four of them, and four of the next vill.

3. Sagitavit et tormentum, and killed him, &c. *it ought to be sagitavit in tormento.

Adjournatur and a day was given to the attorney to main the inquisition. Poph. 209. Noy 87. Bendl. 202.