Medical Jurisprudence

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124, and Med.
Times and Gaz., Aug. 19, 1856). They who contend that crying or respira- tion alone should be taken as a sign of life after birth, would of course pro- nounce such a child to have been born dead, even at the time that they might be listening to the pulsations of its heart I Such pulsations would probably be referred by them to the remains of uterine life.
Vaffitus uterinus — Let us suppose that the evidence of a child having been born alive is stated to be, that it was heard to cr
...y : it may be a question for a medical witness in cross-examination, whether this is to be taken as an ab- solute proof of live birth. The answer must be in the negative, because a child may cry before its body is entirely born ; or there may have been what is called vagitus uterinus — a uterine cry after the rupture of the membranes, (See ante. Infanticide, p. 350.) It is quite certain that a child may breathe without crying, but it cannot cry without breathing ; yet neither the crying nor the breathing is a necessary proof that the child was born alive.

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