State v. Jenkins

Gregory, Justice:

Appellant was convicted of unlawful neglect of a child in violation of S. C. Code Ann. § 16-3-1030 (1976), repealed by 1981 Act No. 71, Section 3, 1 and sentenced to eighteen (18) months. We affirm.

At midnight on June 12, 1980, appellant left two of her children, ages eight and five, sleeping alone in her house while she went for a ride with a friend. When she returned home approximately one hour later, the house was burning. Both children died in the fire.

Section 16-3-1030 provides:

Any person having the legal custody of any child or helpless person, who shall, without lawful…