Lewis v. State

Banke, Chief Judge.

The appellant, James Lewis, and his wife, Mary Lewis, were jointly indicted for murdering their ten and-a-half month-old daughter, Joann, “by malnutrition and physical abuse.” They were tried separately, with the mother being found guilty of murder (see Lewis v. State, 255 Ga. 101 (335 SE2d 560) (1985)), and the appellant of involuntary manslaughter. This appeal is from the denial of the appellant’s motion for new trial.

The child was born prematurely, with a twin sister. She weighed only three pounds, seven ounces at birth and only eight and-a-half pounds at death. There…