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.