Criminal Law

Brief

People v. Stewart

Procedural History:

• Defendant found guilty of both second degree murder and wrongfully permitting a child to be a habitual sufferer.
• Appealed.
• Affirmed.

Facts:

• Mother of an infant under two months of age went on a crack binge for two to three days.
• During this time she did not feed or care for the child.
• The child died from dehydration.
• Mother was charged with second degree felony murder and wrongfully permitting a child to be a habitual sufferer.

Issue:

• Is wrongfully permitting a child to be a habitual sufferer inherently dangerous to human life?

Holding:

• Yes. Affirmed.

Reasoning:

• Court believes the correct approach is for the trier of fact to consider the facts and circumstances of the case to determine if the felony was inherently dangerous.
• The jury felt that wrongfully permitting a child to be a habitual sufferer was inherently dangerous to human life and thus affirmed the lower court conviction.