State v. Benson

HOWE, Justice:

Defendant Benson appeals from a conviction of manslaughter, U.C.A., 1953, § 76— 5-205, for recklessly causing the death of his four-month-old son, Michael.

Michael seemed in good health at 10:00 p.m. on Saturday, May 14, 1983, when Benson’s sister, Susan, left his apartment to return to her own apartment in the same complex. Benson’s wife, Sarah, returned from work at 11:00 p.m., at which time the child was in his crib, presumably asleep. Benson informed his wife at 6:00 the next morning that the baby “had passed away.” When the couple arrived at the Utah Valley Hospital…