State v. Beers

DONOFRIO, Judge.

This is an appeal from the judgment pronounced following the verdict of a jury finding defendant guilty of the crime of manslaughter, A.R.S. § 13-455 and § 13-456.

On Saturday morning, July 29, 1967, defendant was tending his foster son at the family residence. The seventeen-month-old child began to cry and defendant shook him to try to quiet him. As defendant shook the infant, the baby’s head dropped to defendant’s chest and the child stopped breathing. Defendant thereupon took the child to a nearby fire station where a resuscitator was used. The child was rushed to a hospital…