State v. Steward

Thomas Jeffrey Steward was convicted by a jury of second degree murder. His motion for a new trial was denied. Steward appeals from the judgment; we reverse.

The case involves the death of a 21-month-old child. According to Steward, he had undertaken to babysit the child on 12 June 1980 at 8 p.m. at the request of the mother, a friend of his. Later Steward and the child visited a friend, returning to his home about 1 a.m. Shortly thereafter he prepared to leave to take the child to the mother and, in doing so, put the child on the porch while he turned to lock the door. The child fell head…