The Principles And Practice of Medical Jurisprudence / By Alfred Swaine Taylor V. 1

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During a scuffle, the person assaulted may be easily deceived as to the way in which an accused party inflicted a wound upon him ; and a bad motive may sometimes exist for imputing to an assailant the use of a weapon during a quarrel. In such cases we should, as medical wit- nesses, rather trust to the appearance of the wound for proof of the use of a weapon, than to any account given by interested parties. In a case which Avas tried in 1842 at the Chelmsford Assizes, a surgeon swore that a wou...nd on the nose of the prosecutrix had been produced by a knife, and not by a blow with the fist, as it was alleged in the defence. There seems to have been no good medical reason for the opinion that a knife had been used : it appears to have been founded chiefly on the loose statement of the prosecutrix herself.
Nevertheless a conviction followed upon this evidence, and a respectable woman, charged as accessory, was sentenced to a severe punishment, not for having as- saulted the prosecutrix, for it does not appear that she struck a blow, but for aiding another in the supposed act of stabbing.


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