Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Having satisfied ourselves that the child is dead, we are to proceed to
such inquiries, as may enable us to furnish the best possible evidence
on the case, in a court of judicature, viz.
1. _To ascertain whether the Child was born alive?_
In the absence of all direct testimony, our investigation is to be
conducted upon principles very similar to those which we have already
recommended in those obscure cases of death in which “the person is
found dead, and the history of his dissolution is unknown.” See _vol._
iii, _p._ 2. The appearances of the corpse—the character of the spot in
which it was found—the report of competent witnesses—and the phenomena
displayed on dissection, are, in both cases, the circumstances from
which we are to elicit data for the solution of our difficult problem.
A. _The inspection of the body of the infant._ By this we are first to
learn, whether it had arrived at that degree of maturity which is
essential for enabling it to sustain an independent existence—“_etoit il
viable?_”[68] If it can be fairly shewn that the child had not reached
the end of the seventh month of uterine gestation, the charge of
infanticide ought to be withdrawn, although we are well aware that
various opinions might be cited in support of a contrary position. (See
_Physiological Illustrations_, _vol._ i, _p._ 243.) The weight of the
child is a circumstance which should always be ascertained, as being
capable of throwing some light on the question at issue. If the fœtus
has passed the period of seven months, it will generally weigh four
pounds, although upon this point again a difference of opinion has
unfortunately existed.[69]
The length of the fœtus, at the full term, is said to vary less than its
weight. It is generally from nineteen to twenty-two inches. Seventeen
and twenty-six will include the two extremes. _Professor Chaussier_ has
presented us with a scale of relative admeasurements, from which he
thinks we may deduce the age of a child. He asserts that at the full
term of gestation, the middle of the body of the fœtus corresponds
exactly with the umbicus; at the eighth month it is two or three
centimeters higher; that it approaches still nearer the sternum at the
seventh month; and at the sixth falls exactly at the abdominal extremity
of that bone.[70] If this statement is to be relied upon, we should be
able to conclude, says _Dr. Smith_, that when the middle of the length
of the body falls at the cartilago ensiformis, the fœtus must be under
the seventh month, and consequently could not have continued to live
after birth.
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