Jennings (D) went home early from work and dismissed the babysitter to care for his three-year-old stepson and four-month-old daughter. The daughter was fussy, and D claims he had trouble with her and then he hit her. The blow caused her to stop breathing for a time, and that resulted in brain damage, blindness, and arrested mental development. Before trial, D stipulated that the girl had suffered serious bodily injury as a result of the slap. From these facts, the jury found D guilty of child abuse. D motioned for a new trial and then renewed a motion to dismiss based on the vagueness of the criminal child abuse statute. The court dismissed for vagueness. The State appealed.

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