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    US Vs Vedra

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    Divina Gracia Hinlo
    1) The document outlines the elements of the crime of infanticide under Article 255: that a child was killed, the child was less than 3 days old, and the accused killed the child. 2) It discusses the case of US vs Vedra, where an unmarried woman gave birth and then buried the living child within an hour, later confessing to killing the child. 3) The court found the accused guilty of infanticide, as her actions after giving birth and the signs of violence on the child's body provided conclusive proof that she killed the newly born infant.

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    US Vs Vedra

    Uploaded by

    Divina Gracia Hinlo
    230 views2 pages
    1) The document outlines the elements of the crime of infanticide under Article 255: that a child was killed, the child was less than 3 days old, and the accused killed the child. 2) It discusses the case of US vs Vedra, where an unmarried woman gave birth and then buried the living child within an hour, later confessing to killing the child. 3) The court found the accused guilty of infanticide, as her actions after giving birth and the signs of violence on the child's body provided conclusive proof that she killed the newly born infant.

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    US vs Vedra

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    1) The document outlines the elements of the crime of infanticide under Article 255: that a child was killed, the child was less than 3 days old, and the accused killed the child. 2) It discusses the case of US vs Vedra, where an unmarried woman gave birth and then buried the living child within an hour, later confessing to killing the child. 3) The court found the accused guilty of infanticide, as her actions after giving birth and the signs of violence on the child's body provided conclusive proof that she killed the newly born infant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    230 views2 pages

    US Vs Vedra

    Uploaded by

    Divina Gracia Hinlo
    1) The document outlines the elements of the crime of infanticide under Article 255: that a child was killed, the child was less than 3 days old, and the accused killed the child. 2) It discusses the case of US vs Vedra, where an unmarried woman gave birth and then buried the living child within an hour, later confessing to killing the child. 3) The court found the accused guilty of infanticide, as her actions after giving birth and the signs of violence on the child's body provided conclusive proof that she killed the newly born infant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Article 255.

    INFANTICIDE

    Elements of Infanticide:

    1.  A child was killed;
    2.  The deceased child was less than 3 days old; 
    3.  Accused killed said child.

    Case: US vs Vedra, 12 Phil 96

    Facts:

    1. First Element: A child was killed;

    A newly-born child, fully developed and of a good constitution, and showing


    abrasion on both sides of the nose which might have been caused by pressure exerted
    by another person, and might have produced the death of the child by suffocation.

    2. Second Element:  The deceased child was less than 3 days old; 

    The accused, an unmarried woman, gave birth to a living child in the early
    morning of November 16, 1907. At daybreak the same day, the accused confessed, that
    she had buried the child and pointed out the place of burial and the body was there
    found.

    3. Third Element: That the accused killed the child

    That a nephew of the accused, who lived in the same house, awakened by the
    cries of the newly-born child, got up in order to strike a light because the room was in
    darkness, that the accused, noticing this, hastily left the house, taking the infant with
    her, and as her nephew asked where she was going, she said she was going to the
    toilet; that after an hour she returned alone, no longer carrying the infant. Finally, the
    accused confessed, stating that she had buried the child. That upon examination of the
    body by the municipal inspector of health and by the provincial physician, it was found
    to be that of a newly-born child, fully developed and of a good constitution, and showing
    abrasion on both sides of the nose which might have been caused by pressure exerted
    by another person, and might have produced the death of the child by suffocation.

    Issue:

    Whether or not the above facts do not prove that the death of the infant was
    caused by the accused and alleged, to have been the result of some unforeseen
    accident.
    Ruling:

    No proof has been offered, however, that an accident of any sort had occurred
    which might have produced the death of the child. Inasmuch as it was born alive and in
    a healthy condition, it is not to be presumed, without some just reason therefor, that it
    died a natural death within the extremely short time that elapsed between its birth and
    its burial. The latter took place immediately after without further interval of time than that
    which was strictly necessary to carry the child a distance of about 150 meters from the
    house of the defendant to the site where the infant was buried. On the contrary, all of
    the acts related above, performed by the accused immediately after her confinement,
    reveal in a clear and unquestionable manner her decided intent to kill the newly born
    child in order to conceal her dishonor; and the signs of violence found on the body
    demonstrate that she actually effected her purpose. The aforesaid signs, together with
    the abovementioned conduct of the accused, constitute conclusive proof of her guilt as
    the author of the crime of infanticide herein prosecuted.

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