R v Markuss
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1867 |
| Date | 01 January 1867 |
| Court | Crown Court |
English Reports Citation: 176 E.R. 598
THE CROWN COURT.
[356] northern circuit The Crown Court, Durham Spring Assizes, 1S64, cotatn Willes J reuina v markuss (An unskilled practitioner, who ventures to prescribe dangerous medicine^ of the use of which he is ignorant, that is culpable rashness, foi which he will be responsible A person who so " takes a leap in the daik '' is guilt v of gioss negligence ) Joseph Levy Markuss was indicted lor the manslaughter of Jane Sumby, at Sun-deiland, on the 9th of September last Campbell Foster and Lewers prosecuted , Blackball defended the prisoner. The prisoner, it appeared, kept a shop in Sunderlatid, whme lie passed as a lieib doctor, or "herbalist" Being acquainted with the deceased, Jane Suniby, who also kept a shop in Sunderland, and was a widow with a groun-up daughter, he chanced to call on her on Sunday, the 6'th of September last, and found her labouring under the effects of a cold from standing in the market She complained to him of pains in her back, and appeared to have been ailing for some days The prisoner volunteered to prescribe tor her, and sent her daughter for sixpennyworth of pale brandy in a 6-oz bottle Into this he put about an ounce of meadow saffron-seeds, known medicallv as colclucum-seeds, hrst bruising them, and directing the deceased's daughter to place the bottle before the fiie foi two hours, and then shake it up and give her mother a tablespoonful The daughter did as directed, giving her mother a tablespooniul about two o'clock on Monday, the 7th The deceased became ill and sick shortly after ; and, alter taking some tea at lour o'clock, vomited violently, and continued at short intervals vomiting and retching till she died exhausted at ten o'clock on Wednesday morning Dr Nattrass was called in on Monday night, and prescribed for her two opium pills of [357] a gram each, and next day gave her a small minim dose of prussic acid and soda to allay irritation, and directed her to have soda-water and milk, weak brandy and water and lemon-juice and water to allay her thirst, and arrow-root and weak brandy and milk as sustenance , but her stomach was so irritable it would retain nothing, and on Tuesday he ordered her an injection to sustain vitality While attended by her daughter and neighbours, it appeared that she had several times taken small quantities of brandy neat to try and stop her sickness, and had also taken some '' nerve powder " which a neighbour...
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...1127] . 80 (1834) 2 Lew 196 at 209–210 [ 168 ER 1127 at 1131]. 81 (1834) 2 Lew 196 at 211 [ 168 ER 1127 at 1131]. 82 (1864) 4 F & F 356 [ 176 ER 598]. 83 (1864) 4 F & F 356 at 358–359 [ 176 ER 598 at 84 (1860) 2 F & F 201 [ 175 ER 1024]. 85 (1860) 2 F & F 201 at 202 [ 175 ER 1024 at 102......
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Prosecutor's Request No 2 of 1974
...think that in so administering the medicine he acted with a criminal intention or from very gross negligence.' See also R. v. Markuss, 4 F. & F. 356; R. v. Chamberlain, 10 Cox 486; R. v. MacLeod, 12 Cox 534." It is apparent that the law as stated in R. v. Webb1 Mood. & R. 405.8 cited by Arc......