State v. Smith

— A jury of six found appellant Leah Smith guilty of simple assault. In March 1979, Smith was employed as a counselor at Fircrest School, a state facility for the care of severely retarded people. She was accused of striking a resident named Sharon with an electric extension cord, causing injury to Sharon's legs.

The court heard evidence which fixed Sharon's I.Q. at 23 (100 normal), placing her in the severe range of retardation. She was 38 years old at trial, but was found to have a mental age of about 4 years. The psychologist evaluated Sharon's moral development at level one, meaning that…