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 cbild 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.
* From Bouvier's Law Dictionary, 1856 Edition. Please see Bouvier's Legal Abbreviations & Abbreviated References for help with obscure nomenclature & references.
Most Popular Legal Forms:
Quitclaim Deed
Lease Agreement
Most Popular Articles:
Will Substitutes
Crimes Mala In Se
Preferred Stock
The Current Page is:
Birth Defined & Explained