4. Onus of proving live birth devolves on the prosecution.
5. The body need not be found in order to obtain conviction of the suspected party, if not of infanticide, at least of concealment of birth.
The medical evidence, however, depends on the body being found and examined.
The medical witness may be examined on one or more of the following points:
- (1) The recent delivery of the accused.
- (For “Signs of Recent Delivery,” [see page 155 et seq.])
- (2) Maturity of the child found.
- (3) Was the child still-born or live-born?
- (4) Cause of death.
- (5) Lastly, as to the mental condition of the mother.
- Puerperal mania, &c.
6. In absence of proof of infanticide, the woman, in England, may be tried for concealment of birth, that is, disposing secretly of the body, whether the child be born dead or alive.
7. In Scotland, a woman may be tried for concealment of pregnancy when the child is dead or missing, if she do not call for or make use of help or assistance in the birth; but the case is quashed, if the child be shown alive by the mother to others.