If the deceased is unidentified, the state, district or deputy medical investigator may order the body fingerprinted and photographed. When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or if the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death. The pathologist shall sign the report under oath and deliver it to the state, district or deputy medical investigator within a reasonable time. The state, district or deputy medical investigator may take the testimony of the pathologist and any other persons and this testimony, combined with the written report of the pathologist, constitutes an inquest.
History: 1953 Comp., § 15-43-46, enacted by Laws 1961, ch. 91, § 4; 1971, ch. 112, § 6; 1973, ch. 286, § 6.
ANNOTATIONSAuthority of board. — If a medical investigator suspects that criminal conduct caused a death or that the cause of death is obscure, the board of medical investigators may, without the consent of the decedent or the decedent's family, order an autopsy or apply to disinter the decedent to perform an autopsy. In re Johnson, 1980-NMSC-069, 94 N.M. 491, 612 P.2d 1302.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Coroners or Medical Examiners §§ 7 to 15.
Reviewing, setting aside or quashing verdict at coroner's inquest, 78 A.L.R.2d 1218.
Civil liability in conjunction with autopsy, 97 A.L.R.5th 419.
18 C.J.S. Coroners §§ 10 to 26.