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Odger's English Common Law

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CONCEALMENT OF BIRTH. 309<br />

child was afterwards found in her room or in a box of hers<br />

or in some other place to which she would have had access.<br />

Thus a woman apparently pregnant, while staying at an inn at Stafford,<br />

received by post on August 28th, 1870, a Rugby newspaper with the Rugby<br />

postmark upon i't. On the same day her appearance and the state of her<br />

room indicated that she had been delivered of a child. She left for<br />

Shrewsbury next morning carrying a parcel. That afternoon the dead<br />

body of a newly-born child, wrapped in a Rugby Gazette of August 27th,<br />

1870, bearing the Rugby postmark, was found in the ladies' waiting-room<br />

at Stafford railway station. There is a railway from Stafford to Shrewsbury ;<br />

but, as there was no evidence that the woman had been to the Stafford railway<br />

station, it was held that there was no sufficient proof that the body<br />

found there was that of her child. 1<br />

(iii.) The endeavour to conceal the birth is the gist of the<br />

offence, and the secret act of disposal must be done with a<br />

view to such concealment. It is always open to the prisoner<br />

to urge that no concealment was intended and to prove that<br />

she had told her friends of her condition before her confine-<br />

ment. So, too, the fact that she had made preparations,<br />

e.g., by summoning a doctor or making clothes for the child,<br />

would go far with the jury to show that no concealment had<br />

been intended. 2<br />

4. Attempt to commit Suicide.<br />

It is a misdemeanour at common law for any one to attempt<br />

to kill himself; for suicide, if accomplished, is a felony.<br />

This offence is triable at Quarter Sessions, and is punishable<br />

with imprisonment for two years with hard labour. 8<br />

It has<br />

been decided that attempted suicide is not an attempt to<br />

murder within 24 & 25 Vict. c. 100, s. 15."<br />

5. Ill-treatment or Neglect of persons unable to take care<br />

of themselves.<br />

If, as we have seen, death results from or is accelerated by<br />

ill-treatment or neglect, those who had charge of the deceased<br />

may be indicted for manslaughter. .<br />

But our law also deems<br />

such conduct criminal where death does not result. If a<br />

i B. v. Williams (1871), 11 Cox, 684.<br />

2 B. v. Eigley (1830), 4 C. & P. 366.<br />

8 R. v. Mann, [1914] 2 K. B. 107.<br />

' R. v. Burgess (1862), L. & C. 258 ; and see ante, p. 282.

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