, 1876-06-19
INDEPENDENT LIFE.
When Does a Child Become q
Human Being.
Interesting Decision by the Sill
prelt,e Court of Iowa.

llEAko vi NHl uHuGL CSalAlIEht
Inv. The Supreme Court, last Wednesday, de- !
cstlcd the Iueatfun for the first time In this State,
and, rs the matter Is of scientific rs well Us
legal naturc, I send THE Tn'nUsg the opinion
in full. As a classical production, the opinion |
would not stand the test OF either of the Mctli-
caa Colleges Of Chicago, OF her University; but |
the principles are cOnprehcnsvelY stated.
STATEMENT or THE CASE,
l.. A. Winthrop, IL physical. of Floyd County,
WIS ca1tct' 10 attend Roxa Clayton IN child
birth. The esidcncc showed that this child had
received wound fran soinc Instrument IN tie
back Of the head. The Doctor was charged with
hnving produced death. lie wns tried, and cun-
tieted ii mans1aughtcr. Lie appealed aud tl!c
rase wns brought here on writ Of error. TIE
defendant n.kctl for tho following Instruction In
tho Court below, Which was refused:
70 constitutes human being, IN the view OF the
law, the child must hnvo been fully born alive.
having ah independent circulation and existence
whether the nmb'lical cnrd. which connects Il with
the Mothur. IL severed or not.
The lover court gave the following instruc-
tipns:
II the child ia fully delivered from the body Of
the m"tllcr+ whila tho aftcsIslh I. nut md tho
two are connected by the ulnbilical co.1, and The
child ha. independent ife no mnttrr ,shrthcF It
has besn Established or ~ n" o.. t !. hnman Icimt,
on which tho crime of murder may be pcrpettatcd.
Thu giving ul tla instruction, n.ld the refusal
to Instruct "a naked, arc assEg1c1 as error.
opt,,IoN or THE sCrHEME cHCuT,
The Court below tccn1H To hare assumed tbat a
lion an'i Independent circulation. The lea ot tic
child iiyes between the time Of Ito birth and the
tfn,s Of the establishment Of respiration nnd inAc
posa In lis
argument in bchaf Of the State, is fundamentally
III VI! rrohaGiy not he contcndet That inac-
lalion; and hencc ths existence q TIE fnrmcr ee-
I instruction complained Of amunnt~ TO nothing
tucrr than thc .sAeIcnt that, II the child had I'M
| life necessarily depends. "
II sus was e nss"f o' the Court c,9w c
The Gourt said that i The child had an inlcpcnl-
ent lite, Il j. 10 matter, whether nn lndegcndent
totncy -sncrt rnyt, II The child had an lndepen,l
sn. i!fe, # huI At an In Mndependent circulation; pat.
think tho Instruction WAS wrong.
We will consider dE4t the rlow TINT Independent
itc and nlepsnuens circulation icccssartly eu.e1-
| conceded.
II follows TINT. where child s1 born alive, and
the u,nbtca cord Is mt severed, md Independent
lfe !s Impossible: and The in.irncllop nnlountx tu
under SUCH circumstances {althongl, 4 would be
m,p11.slbs), thy might nu4 tAe killing Of ths
chilu !" lo mulHcF, 5HcH III 'bslInCtloH "hn!d
| Fefre no valuable putpnFt, Anu would necessarily
Involve the Jury n coniusion; It wnnid 90 worse
1 than thatt wu!d tell the Jury: In effect, that
they might find Independence =! i!tn tn utter dia-
regard ~ The conditions IN which II alone could TX:
| It,. To show hhw tue defendant was rrcjudIceh
II the Instruction IL TO lie viewed In this light, We
snny ny there was evidence that thc dar's artrt-
| oans WAS not closed THIS evidence tended 70 show
slightly at es.t that ineI,chlent circulation had
not bcGh crabiencu lhe 1hstfhctiont tel!l ~! Jury
ly Implication. that they might disregard this evI.
dence l}nt w ate compelled " say that
we 10 npt mink TIC A1s"fney Generals
lntsrpretnt!on Of thy Instruction cycs occurred
the Court It is plain y us that tue Court i'e'ow
!ncant that ndepcntent l!e y mot conditional upon
independent circulation: The error II there was
one, cuiti.ted In assuming TINT II wis not.
The Question presented M !or our con.ilerntton !;
by 10 Inths!B Trey from difficulty. Gun The CHILD
haSe @ n. Independent ife while hs circulation Is
m With y '%s mo hfts 9 .M9
r. aprilt1 sd; Iels !. actual adepe'aencs pug
actually tu!clsnlvnt. Whcn 4 IL earning lis own
! living y II potenilhlly independent wien II Is
I caPaolo o! earning its own i'lnF. We thtnk The