People v. Davis

This is an appeal of right from a jury conviction of second-degree murder. MCLA 750.317; MSA 28.549.

The victim was a 21-month-old child. She had been left in the custody of the defendant by her mother between 4 and 5 p.m. of the day of her death.

She was, according to witnesses who saw her, in normal health and bore no recognizable evidence of beating, striking or other acts of violence. When the mother returned to the premises where she and the defendant were living she was told by neighbors that her daughter had been taken to a hospital. During the period of her absence several witnesses…