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Criminal Law Keyed to Kennedy
The State of Washington v. Williams
Citation:
484 P.2d 1167 (1971)
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The defendant husband, Walter Williams, is a 24-year-old full-blooded Sheshont Indian with a sixth-grade education. His sole occupation is that of laborer. The defendant wife, Bernice Williams, is a 20-year-old part Indian with an 11th grade education. At the time of the marriage, the wife had two children, the younger of whom was a 14-month son. Both parents worked and the children were cared for by the 85-year-old mother of the defendant husband. The defendant husband assumed parental responsibility with the defendant wife to provide clothing, care and medical attention for the child. Both defendants possessed a great deal of love and affection for the defendant wife’s young son.
Both defendants were aware that their son was ill during the period September 1, 1968 to September 12, 1968. They did not realize how sick the baby was. They thought that the baby had a toothache and no layman regards a toothache as dangerous to life. They loved the baby and gave him aspirin in hopes of improving its condition. They did not take the baby to a doctor because of fear that the Welfare Department would take the baby away from them. They knew that medical help was available because of previous experience. The baby died on September 12, 1968.
The trial court found that the defendants were negligent in not seeking medical attention for the baby and, as a proximate result of this negligence, the baby died. They were convicted of manslaughter.
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