The People v. Linda Lee Smith

Defendant and her two daughters, three-and-a-half-year-old Bethany (Beth) and two-year-old Amy, lived with David Foster. On the day Amy died, she refused to sit on the couch instead of the floor to eat a snack. Defendant became angry, took Amy into the children’s bedroom, spanked her and slapped her in the face. Amy then went towards the corner of the bedroom which was often used for discipline; defendant hit her repeatedly, knocking her to the floor. Foster then apparently joined defendant to “assist” in Amy’s discipline. Beth testified that both Foster and defendant were striking Amy, who at that point had been at least partially undressed by defendant. Defendant and Foster used both their hands and a paddle on the child, and were also biting her. In addition, Beth testified that Foster put a wastebasket on Amy’s head and hit her on the head with his fist. Eventually, defendant knocked the child backwards and she fell, hitting her head on the closet door. Amy went into respiratory arrest and died that evening.

The defendant was convicted of felony child abuse and murder. She appealed, arguing that felony child abuse cannot serve as the underlying felony to support a conviction of felony murder.