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 ABORTION AND INFANTICIDE.

Alhough a child in ventre sa mere has for certain purposes civil rights from the earliest period of conception, yet it was long undetermined in what rank of crime the killing of a fœtus should be placed. "It was anciently holden, says Hawkins, (1 P. C. 121) that the causing an abortion, by giving a potion to, or striking a woman big with child, was murder." But at this day it is said to be a great misprision only, and not murder, unless the child be born alive, and die thereof, in which case it seems clearly to be murder, notwithstanding some opinions to the contrary. And in this respect the common law seems to be agreeable to the Mosaical, which as to this purpose is thus expressed. "If men strive and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow, he shall surely be punished, according as the woman's husband will lay upon him, and he shall pay as the judges determine; and if any mischief follow, then thou shalt give life for life."

"It seems also agreed, that where one counsels a woman to kill her child when it shall be born, who afterwards does kill it in pursuance of such advice, he