Note 46 — ABORTION AND INFANTICIDE.

Sir M. Hale (1 P. C. 433) says, it cannot be legally known whether it were killed or not; and adds, “so it is if after such child were born alive and baptized, and after dies of the stroke given to the mother, this is not homicide.” It is difficult to conceive why the term baptized was introduced in this dictum: for whether it were the child of Jew, Turk, or Anabaptist, it is equally entitled to the protection of the law.