People v. Stewart

663 A.2d 912 (1995)

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Nature of the Case

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Facts

D gave birth to a son, Travis Young (Travis). Travis's father was Edward Young, Sr. (Young). D and Young, who had two other children together, were not married at the time of Travis's birth. Travis lived for only fifty-two days, dying on October 21, 1988, from dehydration. During the week prior to Travis's death, D, Young, and a friend, Patricia McMasters (McMasters), continually and repeatedly ingested cocaine over a two- to three-consecutive-day period at the apartment shared by D and Young. The baby, Travis, was also present at the apartment. The cocaine binge continued uninterrupted for two to three days. McMasters testified that during this time neither McMasters nor D slept at all. During this entire time, McMasters saw D feed Travis only once. Travis was in a walker, and D propped a bottle of formula up on the walker, using a blanket, for the baby to feed himself. McMasters testified that she did not see D hold the baby to feed him nor did she see D change Travis's diaper or clothes during this period. D was indicted on charges of second-degree murder, wrongfully causing or permitting a child under the age of eighteen to be a habitual sufferer for want of food and proper care (hereinafter sometimes referred to as 'wrongfully permitting a child to be a habitual sufferer') and manslaughter. The second-degree murder charge was based on felony murder. The inherently dangerous felony was wrongfully permitting a child to be a habitual sufferer. It was clear that the cause of death was dehydration. The prosecution expert witnesses believed that the dehydration was caused by insufficient intake of food and water, that is, malnutrition. The defense expert witnesses, conversely, believed that the dehydration was caused by a gastrointestinal virus known as gastroenteritis which manifested itself in an overwhelming expulsion of fluid from the baby's body. D was found guilty of both second-degree murder and wrongfully permitting a child to be a habitual sufferer. D appealed.