"And if a man strikes any soul of a man": I might think that an eight-month birth, (who is destined to die,) is also included. It is, therefore, written "If one strikes a man" — whereby we are apprised that he is not liable unless he kills one who is destined to live.
Would the Killer Be Liable for Murder Under Torah Law
Mekhilta Tractate Nezikin 4:4