INFANTICIDE. In Medical Jurispru dence. The murder of a new-born infant. It is thus distinguishable from abortion and foeticide, which are limited to the destruction of the life of the foetus in utero.
2. The crime of infanticide can be com mitted•only after the child is wholly born. 5 Carr. & P. 329; 6 id. 349. This question involves an inquiry, first, into the signs of maturity, the data for which are—the length and weight of the foetus, the relative position of the centre of its body, the proportional development of its several parts as compared with each other, especially of the head as compared with the rest of the body, the de gree of growth of the hair and nails, the con dition of the skin, the presence or absence of the membrana pupillaris, and, in the male, the descent or non-descent of the testicles. Deau, Med. Jur. 140.
3. Second, was it born alive? The second point presents an inquiry of great interest both to the legal and medical and to the community at large. In the absence of all direct proof, what organic facts proclaim the existence of life subse quent to birth ? These faots are derived principally from the circulatory and respira tory systems. From the former the proofs are gathered—from the character of the blood, that which. is purely foetal being- wholly dark, like venous blood, destitute of fibrous matter, and forming coagula much less firm and solid than that which has been subjected to the process of respiration ; so, also, the coloring-matter is darker, and contains no phosphoric acid, and its proportion of serum and red globules is comparatively small. From the condition of the heart and blood4 vessels. The circulation anterior and subse quent to birth must necessarily be entirely different. That anterior, by means of the foetal openings,—the foramen ovals, the duc tus arteriosus, and the ductus venosus,—ie enabled to perform its circuit without send ing the entire mass of the blood• to the lungs for the purpose of oxygenation. When the extra-uterine life commences, and the double circulation is established, these openings gradually close: so that their closure is con sidered clear evidence of life subsequent to birth. 1 Beck, Med. Jur. 478 et seq.; Dean, Med. Jur. 142 et seq. 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 per ceptible are the liver and the lungs,—espe cially the latter. The circulation of the:whole mass of the blood through the lungs distends and fills them with blood, so that their rela tive weight will be nearly doubled, and any incision into them will be followed by a free effusion.
4. From the respiratory system proofs of life subsequent to birth are derived. From the thorax: its size, capacity, and arch are increased by respiration. From the bungs: they are increased in size and volume, are projected forward, become- rounded and ob tuse, of a pinkish-red hue, and their density is inversely as their volume. Dean, Med.
Jur. 149 et seq. The fact of the specific gra vity of the lungs being diminished in pro portion to their diminution in density gives rise to a. celebrated test,—the hydrostatic,— the relative weight of the lungs with water. 1 Beck, Med. Jur. 459 et seq:, The rule is, that lungs which have not respired are spe cifically heavier than water, and if placed within it will sink to the bottom_ of the vessel. If they have respired, their increase in vol ume and decrease in density render them spe cifically lighter than water, and when placed within, it they will float. There are several objections to the sufficiency of this test; but it is fairly entitled to its due• weight in the settlement of this question. Dean, Med. Jur. L54 et seq. From the state of the diaphragm. Prior to respiration it is found high up in the thorax. The act.of expanding the lungs enlarges and arches the thorax, and, by neces sary consequence, the diaphragm descends.
5. The fact of life at birth being esta the next inquiry is, how long did the child survive? The proofs here are de rived from three sources. The foetal open ings, their partial or complete closure. The. more perfect the closure, the longer the time. The series of changes in the umbilical cord. These are-1, the withering of the cord; 2, its desiccation or drying, and, 3, its separa tion or dropping off,-- occurring usually four or five days after birth; 4, cicatrization of the umbilicus,—occurring usually from ten to twelve• days after birth. The changes in the skin, consisting in the process of exfoliation of the epidermis, which commences on the abdomen, and extends thence successively to the chest, groin, axillm, interscapular space, limbs, and, finally, to the hands and feet.
6. As to the modes by which the life of the child may have been destroyed. The criminal modes most commonly resorted to are-1, suffocation; 2, drowning; 3, cold and. exposure; 4, starvation ; 5, wounds, fractures, and injuries of various kinds; a mode not un frequently resorted to is the introduction of sharp-pointed instruments in different parts of the body ; also, luxation and fracture of the neck, accomplished by forcibly twisting the head of the child, or pulling it back wards ; 6, strangulation; 7, poisoeing ; 8, in tentional neglect to tie the umbilical cord; and, 9, causing the child to inhale air de prived of its oxygen, or gases positively dele terious. All these modes of destroying life, together with the natural or accidental ones, will be found fully discoursed by the writers on medical jurisprudence. 1 Beck, Med. Jur. 509 et seq..; Med. Jur. 179 et seq. ; Ryan, Med. Jur. 137; Dr. Cummins, Proof of Infan ticide Considered.