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Criminal Law Keyed to Ohlin
State v. Stewart
Citation:
663 A.2d 912 (1995)Facts
On August 31, 1988, the defendant gave birth to a son. Fifty-two days later, the baby died from dehydration.
During the week prior to the baby’s death, the defendant, her boyfriend, and a friend, Patricia McMasters, were on a multi-day cocaine binge. The baby also present at the apartment during this time. When they exhausted an existing supply of cocaine, they would pool their money and go buy more with the accumulated funds.
McMasters testified that during this time she saw defendant feed the baby only once. He was in a walker, and the defendant propped a bottle of formula up on the walker for the baby to feed himself. McMasters testified that she did not see defendant hold the baby to feed him nor did she see defendant change his diaper or clothes during this period.
The defendant was convicted of felony murder. The prosecution did not allege that defendant intentionally killed her son but rather that he had been killed during the commission of an inherently dangerous felony, specifically, wrongfully permitting a child to be a habitual sufferer.
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