R v Milborough Trilloe
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 01 January 1843 |
| Date | 01 January 1843 |
English Reports Citation: 169 E.R. 103
LINCOLN's INN
S. C car & M. 650
[260] 1842 regina v. milbobough trilloe (Murder may be committed on a child still attached to the mother by the navel string ) [S. C Car & M. 650 J The prisoner was tried, and convicted, before Mr Justice Erskme at the Summer Assizes lor the county of Hereford, in the year 1842, of the murder of her infant child. The indictment consisted of four counts, the second of which charged that the prisoner being big with a female child, did bring forth the same alive ; and then proceeded to allege, in the usual form, the murder of the child by the prisoner, by fastening a handkerchief about its neck and throat, and thereby choking and strangling it. The third count described the child as a certain illegitimate female child then lately before born of the body of the said Milborough Tnlloe, and alleged the murder as in the second count There was strong evidence to prove that the child had been wholly produced alive from the prisoner's body, and that she had strangled it by fastening a handkerchief, or some such thing, round its throat But it was also clearly proved by the surgeon that the child must have been strangled before it had been separated from the mother by the severance of the umbilical cord. He added, however, that a child has, after breathing fully, an independent circulation of its own, even while still attached to the mother by the umbilical cord, and that, in his judgment, the child in...
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