Montgomery v. State

Head, Justice.

(After stating the foregoing facts.) It is conceded by the solicitor-general in his brief on behalf of the State that the first question for determination is whether or not the evidence is sufficient to show that the child alleged to have been murdered “was born alive and had an independent and separate existence from its mother.” The evidence relied upon to establish life is that of the physician who examined the body of the infant. Apparently this examination was made several days after birth. In support of the contention that the physician’s testimony was sufficient to…