People v. Lilly

OPINION OF THE COURT

Defendant was convicted of murder in the second degree, resulting from the child abuse death of a three-month-old child. The prosecution proceeded upon two theories: (1) defendant’s own conduct evincing a depraved indifference to human life, resulted in the child’s death; and (2) defendant aided and abetted the child’s mother to bring about the death of the child. The jury’s verdict of guilty does not show upon which theory the verdict was based.

Defendant contends that the trial court failed to instruct the jury properly concerning defendant’s duty toward the deceased…