Graham v. State

Tom Glaze, Justice.

Appellant Edith Graham was charged with the crime of permitting the abuse of a child. Her then-husband, Nick Graham, was charged in the same felony information with second-degree battery. See Ark. Code Ann. § 5-13-202 (Repl. 1997). Both charges stemmed from injuries sustained by the Grahams’ son, Anthony. Prior to trial, Edith Graham moved to dismiss the charges against her, arguing that the statute under which she was charged, Ark. Code Ann. § 5-27-221 (Supp. 2003), impermissibly shifted the burden of proof of an essential element of the crime to the defense; she also…