Commonwealth v. Duncan

In this appeal, we consider whether the Court of Appeals erred in reversing a circuit court’s holding that a defendant’s acts and omissions in the care of his six-month-old son were “so gross, wanton and culpable as to show a reckless disregard for human life” under former Code § 18.2-371.1. *

Carlton W. Duncan was indicted for the criminal abuse and neglect of his son, Carlton W. Duncan, II (Carlton), in violation of what is now Code § 18.2-371.1(B)(1), which states:

Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in…