Billy J. Burden v. State of Indiana

Kirsch, Judge.

[1] Following a jury trial, Billy J. Burden ("Burden") was convicted of neglect of a dependent 1 as a Level 6 felony. On appeal, Burden raises two issues, the following of which we find dispositive: whether the State presented sufficient evidence to support the element of neglect, requiring that Burden knowingly placed the dependent in a position that endangered her life or health. 2

[2] We reverse.

*673 Facts and Procedural History

[3] In the fall of 2015, Burden and a woman named Christina were in a relationship and lived together with Christina's two young children B.E. and K.E.…