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INFANTICIDE, med. juris. The murder of a new born infant, Dalloz, Dict.
Homicide, Sec. 4; Code Penal, 300. There is a difference between this
offence and those known by the name of prolicide, (q.v.) and foeticide.
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, Med Leg. prem. 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 Lecieux, Considerations Medico-legales sur l'Infanticide; Duvergie, Medicine Legale, art. Infanticide.