Jones v. United States

Facts

The defendant lived with Shirley Green. Shirley Green had a child, Anthony Lee, on October 21, 1959. Soon after birth, Anthony Lee developed a mild jaundice condition. The jaundice resulted in his retention in the hospital for three days beyond the usual time.

In March, 1960, the defendant called a Dr. Turner to her home to treat Anthony Lee for a bronchial condition. She also called the doctor at various times to consult with him concerning Anthony Lee’s diet and health. In early July, 1960, she took Anthony Lee to Dr. Turner’s office, where he told her to take the baby to the hospital. This was not done.

On August 2, 1960, two collectors for the local gas company had occasion to go to the basement of the defendant’s home, and saw the defendant’s other child in a ‘crib’ consisting of a framework of wood, covered with a fine wire screening, including the top which was hinged. The ‘crib’ was lined with newspaper, which was stained, apparently with feces, and crawling with roaches. Anthony Lee was lying in a bassinet and was described as having the appearance of a ‘small baby monkey.’ One collector testified to seeing roaches of Anthony Lee.

On August 5, 1960, the collectors returned to the defendant’s home in the company of several police officers and personnel of the Women’s Bureau. The officers took the children to the D. C. General Hospital where Anthony Lee was diagnosed as suffering from severe malnutrition and lesions over large portions of his body, apparently caused by severe diaper rash. Following admission, he was fed repeatedly, apparently with no difficulty, and was described as being very hungry. His death, 34 hours after admission, was attributed without dispute to malnutrition. At birth, Anthony Lee weighed six pounds, fifteen ounces — at death at age ten months, he weighed seven pounds, thirteen ounces. Normal weight at this age would have been approximately 14 pounds.

Shirley Green testified that she was paying the defendant to take care of her children and that she did not live with them. The defendant testified that Shirley Green lived with them and it was her responsibility to care for the children.

The defendant was convicted of involuntary manslaughter. She appealed, arguing that the trial court erred in failing to instruct the jury that it must first find that she was under a legal obligation to a baby in her care before finding her guilty of manslaughter in failing to provide food and necessities.