Definition of INFANTICIDE


INFANTICIDE

med. juris. The murder of a new born infant, Dalloz,
Dict. Homicide, 4; Code Penal, 300. There is a difference
between this offence and those known by the name of prolicide, (q.
V.) and foeticide. (q. v.)

2. To commit infanticide the child must be wholly born; it is
not. Sufficient that it was born so far as the head and breathed,
if it died before it was wholly born. 5 Carr. & Payn. 329; 24 Eng.
C. L. Rep. 344; S. C. 6 Carr: & Payn. 349; S. C. 25 Eng. C. L. Rep.
433.

3. When this crime is to be proved from circumstances, it is
proper to consider whether the child had attained that size and
maturity by which it would have been enabled to maintain an
independent existence; whether it was born alive; and, if born
alive, by what means it came to its death. 1 Beck s Med. Jur. 331
to 428, where these several questions are learnedly considered. See
also 1 Briand, Md Lg. prm. part. c. 8 Cooper s Med. Jur. h. t.
Vide Ryan s Med. Jur. 137; Med. Jur. 145, 194; Dr. Cummin s Proof
of Infanticide considered Lcieux, Considerations Mdico-lgales
sur l Infanticide; Duvergie, Mdicine Lgale, art. Infanticide.

Source: Bouviers Law Dictionary 1856 Edition

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