IN BEING

in being.Existing in life <life in being plus 21 years>. • In property law, this term includes

children conceived but not yet born. — Also termed in esse. See LIFE IN BEING.

“The intentional killing of one not ‘in being,’ i.e. an unborn child, was until 1929 punishable neither as murder nor as infanticide. There can be no murder nor manslaughter of a child which dies before being born or even whilst being born, only of one that has been born and, moreover, been born alive.” J.W. Cecil Turner, Kenny’s Outlines of Criminal Law 104 (16th ed. 1952).

[Blacks Law 8th]