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Daniel A. Ruley, Jr, JD
Ruley and Everett Parkersburg, WVa

JAMA. 1988;260(1):31.

	Since this article does not have an abstract, we have provided the first 150 words of the full text PDF and any section headings.

To the Editor.—

I wish to correct the statement that "the criminal law historically did not recognize the killing of an unborn fetus as a homicide unless it was born alive," contained in the article entitled "Compelled Medical Treatment of Pregnant Women."¹ The common law was summarized by Judge Boggs, with suitable citation of authority, in his didactic dissenting opinion in Allaire v St Luke's Hospital, 56 NE 638, 641 (Ill 1900), as follows:

A child in ventre sa mere was regarded at the common law as in esse from the time of conception for the purpose of taking any estate, whether by descent or devise, or under the statute of distribution, if the infant was born alive after such a period of foetal existence that its continuance in life was or might be reasonably expected. 10 Am. & Eng. Enc. Law, 624; Co. Litt. 36. Blackstone, after declaring . . . [Full Text PDF of this Article]

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