People v. Weisberg

265 Cal.App.2d 476 (1968)

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Nature of the Case

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Facts

Gerald and D were husband and wife. Two children were born as the issue of the marriage. D had the care of the two children. The little seven-week-old boy died on April 19, 1966, at about 10:25 a.m. in a local hospital. An autopsy disclosed that death resulted from a massive intra-cranial hemorrhage, caused by two skull fractures. The fractures caused contusion of the brain and the lacerating of the blood vessels in the brain. A neighbor, Mrs. Slocum, testified that she observed a bruise on David in March of 1966 and that D had told her that David had received the bruise by striking his head on the side of the crib. The daughter had a broken leg and D told Mrs. Slocum that the break occurred when Sharon got her leg caught in the crib. D also told Mrs. Slocum that Gerald had to get a part-time job 'because of that little bitch' meaning and referring to the little daughter. Mrs. Banker visited the home and saw David and noticed a bruise on his eye, forehead, and down to the back of his ear which was black and blue and swollen. Red blotches appeared throughout the bruised area. D told Mrs. Banker that David had bumped his head on the crib, that she, defendant, had called a doctor who was caring for the child. D told Mrs. Banker that the daughter had broken her leg apparently by becoming entangled in the slats of her crib. D told Mrs. Turney that she had beaten the daughter when she was five months old until the daughter was red. Mrs. Turney found the girl lying in her own vomit and D stated that she was not going to pick up because she was just throwing a tantrum. D also told Mrs. Turney that the girl had broken her leg by falling in her crib and further that in one instance had to go to a hospital because she, D, had given her too much sedative. Dr. Gwinn concluded that an infant of seven weeks could not have inflicted such injuries upon himself. The same comment was made about a chip fracture in an X-ray picture of decedent's leg. The chip fracture had occurred three or four weeks before the skull fracture. The boy also suffered fractures of the 5th, 6th, 7th, and 8th ribs back near the spine, that these fractures were the result of an externally applied force and that a 7-week-old child could not have inflicted the injuries upon himself. A child the age of the daughter would also be unable to cause a fracture of her own leg. Four other doctors came to the same conclusions. D was convicted and appealed.