No acquittal unless act or omission not wilful
663 Where a female person is charged with infanticide and the evidence establishes that she caused the death of her child but does not establish that, at the time of the act or omission by which she caused the death of the child,
(a) she was not fully recovered from the effects of giving birth to the child or from the effect of lactation consequent on the birth of the child, and
(b) the balance of her mind was, at that time, disturbed by reason of the effect of giving birth to the child or of the effect of lactation consequent on the birth of the child,
she may be convicted unless the evidence establishes that the act or omission was not wilful.
Annotations
- Part XX