this test would not perhaps be very conclusive in case of breathing before an entire and complete delivery See Verrier on Obstet. (1st Am. from 4th French ed.) 86, 87; Dean's Med. Jur. 142 et seq. If the extra-uterine life commences, the double circulation is established in all cases, and the ante-natal openings above referred to gradually close, so that their closure is considered very good, if not clear, evidence of life subsequent to birth. 2. After delivery, the child, if alive, is in verum natura, and "a reasonable being alive,” in the sense of law, so as to constitute its willful and premeditated killing, "with malice aforethought," the crime of murder. On this subject Baron Park once observed: The child might breathe before it was born, but its having breathed is not sufficiently life to make the killing of the child murder; there must have been an independent circulation of the child, or the child cannot be considered alive for this purpose:" R. v. Enoch, 5 C. & P. (Eng.) 539. 3. Whether the child was born alive or dead may be determined also from the difference in the distribution of the blood in the different organs of the body. The two organs in which this difference is most perceptible are the liver and lungs. The circulation of the whole mass of the blood through the lungs distends and fills them with blood, so that their relative weight will be nearly double, and any incision into them will be followed by a free effusion : See 1 Beck's Med. Jur. 478 et seq.; Dean's Med. Jur. 142 et seq. But if the child may breathe before the delivery is complete, this would not furnish a complete test. "When the child escapes from the womb," observes Dr. Verrier, "or just before the end of labor, the placental circulation diminishes and ceases completely. The defective oxygenation that results induces a congested state of the brain that excites it and induces contraction of the muscles of inspiration. The air enters and dilates the lungs, the child cries, and life is fully entered upon:" Verrier's Manual of Obstet. (1st Am. ed. from the 4th French ed.) 87. At this period the crime of murder may be committed upon the child, but previous to this the willful destruction of the foetus, especially if quick, would be foeticide, and the offense manslaughter: See ante, § 87; R. v. Poulton, 5 C. & P. (Eng.) 329. But, as we have before observed, the weight of authority favors the conclusion that respiration of the child fully born is not essential to constitute the destruction of its life murder; and respiration before a fully completed birth of it would not furnish the condition which would raise the willful killing of it from manslaughter to murder: Ante, § 87; R. v. Crutchley, 7 C. & P. (Eng.) 814; R. v. Sellis, 7 C. & P. (Eng.) 850; R. v. Wright, 9 C. & P. 754; R. v. Brain, 6 C. & P. 349. Evidence of life after birth, as derived from the respiratory system of the child, may be summarized as follows: 1. From the thorax; its size, capacity, and arch are increased by respiration. 2. From the lungs, which are increased in size and volume, and projected forward by respiration. So by respiration they become rounded and obtuse, of a pinkish red hue, and their density is inversely as their volume. Lungs that have not respired are specifically heavier than ୮ water, and if placed within it will sink to the bottom. If they have respired, their increase in volume and decrease in density render them specifically lighter than water, and when placed within it will float. It is observed by Dr. Dean that there are several objections to this test, and if it be conceded that the foetus or child may breathe before it is fully born, it would not be conclusive on the question whether the child was or was not fully born alive; but it may be entitled to its due weight in the settlement of the question Dean's Med. Jur. 154; 1 Beck's Med. Jur. 459; ante, § 88. : 3. From the state of the diaphragm, as the act of expanding the lungs enlarges and arches the thorax, and, by necessary consequence, the diaphragm descends, whereas prior to respiration it is found high up in the thorax: Id. § 89. Modes of destroying the life of a child after birth. The criminal modes commonly resorted to for the purpose of destroying the young child are; suffocation; drowning; cold and exposure; starvation; wounds, fractures, and injuries of various kinds; the introduction of sharp-pointed instru ments in different parts of the body; luxation and fracture of the neck; strangulation; poisoning; intentional neglect to tie the umbilical cord; and causing the child to inhale air deprived of oxygen, or gases positively deleterious: See Beck's Med. Jur. 509 et seq.; Ryan's Med. Jur. 137; Dean's Med. Jur. 179 et seq. § 90. Summary of matters to be observed on examination of the body of the woman to determine the question of abortion. The following directions are suggested for consideration and observance on examination of the woman, if living or dead, for the purpose of determining the question of abortion, whether innocent or criminal. Where the woman is alive: 1. Temperature. 2. As to the woman's predisposition to abort, and the period at which the abortion had commonly occurred. 3. General state of health. Note the existence of leucorrhoea, excessive menstruations, syphilis, asthma, malignant diseases, uterine disease, etc. |