Birth
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BIRTH. The act of being wholly brought into the world. The whole body must
be detached from that of the mother, in order to make the birth complete. 5
C. & P. 329; S. C. 24 E. C. L. R. 344 6 C. & P. 349; S. C. 25 E. C. L. R.
433.
2. But if a child be killed with design and maliciously after it has
wholly come forth from the body of the mother, although still connected with
her by means of the umbilical cord, it seems that such killing will be
murder. 9 C. & P. 25 S . C. 38 E. C. L. R. 21; 7 C. & P. 814. Vide articles
Breath; Dead Born; Gestation; Life; and 1 Beck' s Med. Jur. 478, et seq.; 1
Chit. Med. Jur. 438; 7 C. & P. 814; 1 Carr. & Marsh. 650; S. C. 41 E. C. L.
R. 352; 9 C. & P. 25.
3. It seems that unless the child be born alive, it is not properly a
birth, but a carriage. 1 Chit. Pr. 35, note z. But see Russ. & Ry. C. C.
336.