The Unwelcome Visitor
| Author | J. Edmondson |
| Published date | 01 October 1946 |
| Date | 01 October 1946 |
| DOI | http://doi.org/10.1177/0032258X4601900412 |
| Subject Matter | Article |
THE
POLICE
JOURNAL
Before this case came up before the Court, the accused, who had
been charged with manslaughter, committed suicide so that it is not
possible to comment upon the Court's reaction to this evidence.
Evidence of the identification was, however, given at the inquest
on
the
man killed in the accident and accepted by
H.M.
Coroner as
proof that the particular vehicle examined was responsible for the
death.
The
lessons to be learnt from this particular investigation are
that
the scene, the material found at
the
scene and any suspect vehicles
must be examined thoroughly and everything found, not
just
arepre-
sentative sample, must be collected.
It
should also be borne in mind
that
the markings on the metal
surface of a car and on
the
underneath side of paint flakes are not
necessarily visible to the naked eye. Microscopical examination of one
or both surfaces should be made, preferably under critical lighting
conditions, before it is finally decided that it is not possible to apply the
method of identification outlined in this article.
Note should also be made of the fact
that
the
repair of damage to
a vehicle, i.e., straightening and re-spraying, does not necessarily mean
that it will be impossible to obtain evidence of the type described.
I am grateful to
Dr.
J. B. Firth, Director of the Home Office
Laboratory, Preston, and the Chief Constable of Bootle for granting me
permission to publish details of this case.
The
Unwelcome Visitor
By T/INsPEcToR J.
EDMONDSON
Bacup Borough Police
THE services of police officers are oft-times solicited for the purpose
of ejecting, or at least assisting with the ejection of, persons from
private houses, public houses, cinemas and other places of entertain-
ments, etc. Without knowing the full legal position and implications a
police officer may approach such a situation with a certain amount of
diffidence or, on the other hand, he may readily ally himself with the
person. or persons wishing to invoke his services.
In
R.
v. Roxburgh(1871)
12
Cox 8, it was held thatalthough a police
officer may lawfully assist a householder in putting out an intruder, the
officer, in so doing, is not acting in the execution of his duty. Conse-
quently, if the officer is assaulted whilst so employing himself he might
charge his assailant not with 'assaulting him in the execution of his duty,
304
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