Walker v. Superior Court

47 Cal.3d 112 (1988)

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Nature of the Case

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Facts

Walker (D) had a child that became ill with flu-like symptoms and developed a stiff neck four days later. D decided to treat her child with prayer, as she was a member of the Church of Christ, Science. An accredited Christian Science prayer practitioner was called and visited the child on two occasions. D also engaged a Christian Science nurse who attended the child but nevertheless, the child lost weight, grew disoriented and irritable during the last week of illness and died from acute purulent meningitis. D was charged with involuntary manslaughter based on criminal negligence. D moved to dismiss the prosecution in that her conduct was protected under the law and the statutes that she had been charged with failed to give her fair notice that her conduct was criminal. Those motions were denied. D appealed.