244

LAWS OF MARYLAND

Ch. 21

"County" § 1-101
"Includes"/"including" § 1-101
"Medical examiner" § 1-101
"Medical examiner's case" § 5-301

5-312. OATHS, AFFIDAVITS, AND EXAMINATIONS.

A MEDICAL EXAMINER MAY ADMINISTER OATHS, TAKE

AFFIDAVITS, AND MAKE EXAMINATIONS AS TO ANY MATTER THAT
RELATES TO THE CAUSE OF DEATH IN A MEDICAL EXAMINER'S CASE.
SUBJECT TO THE LIMITATIONS IN § 5-311(C) OF THIS SUBTITLE, A
MEDICAL EXAMINER MAY ADMINISTER OATHS, TAKE AFFIDAVITS, AND
MAKE EXAMINATIONS AS TO ANY MATTER WITHIN THE MEDICAL
EXAMINER'S JURISDICTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first clause
of former Article 22, § 9.

The introductory clause of this section,
"{s}ubject to the limitations in § 5-311(c) of
this subtitle," is added to reference the
authority of a State's attorney. In Benjamin v.
Woodring, 268 Md. 593, 608-609 (1973), the Court
of Appeals held inadmissible that part of a death
certificate on which the medical examiner
indicates an "'opinion'" on the cause of death —
as distinguished from that part reciting the
medical cause of death. The Court stated "...
It was the evident intention of the Legislature
when enacting Article 22 to separate the former
duties of coroners into two separate spheres,
delegated to persons possessing the requisite
expertise in each sphere -- the medical duties to
be performed by the medical examiner, and the
non-medical investigatory function committed to
State's Attorneys....."

In light of the revision of this section and §
5-311(c) of this subtitle, which provides for
delivery of cases to a State's attorney for
further investigation, the second clause of
former Article 22, § 9, which prohibited the
summoning of a jury of inquisition, is deleted as
unnecessary. See also the General Revisor's Note
to this subtitle.

Article 1, § 9 of the Code authorizes an
affirmation to be made instead of an oath.

Defined terms: "Medical examiner" § 1-101
"Medical examiner's case" § 5-301

GENERAL REVISOR'S NOTE: