Legal Opinion · Concurrence

People v. Maynor

Michigan Court of Appeals

Decided May 29, 2003No. Docket 244435Published

1ConcurrenceWhitbeck, C.J.

I agree with the majority’s conclusion that, assuming first-degree child abuse is a specific-intent crime, there was sufficient circumstantial evidence from which a jury could infer the requisite intent for that crime. I do not agree, however, with the majority’s conclusion that first-degree child abuse is a specific-intent crime. Rather, I believe the trial court was correct in its conclusion that first-degree child abuse is a general-intent crime, and I would affirm on that basis.

*247I. THE REASONING IN GOULD, SHEKMAN-HUFFMAN, AND LERMA

The first-degree child abuse statute provides that “[a]…

2Cases cited24 opinions

  1. United States v. BaileySupreme Court of the United States · 1980
  2. People v. Borchard-RuhlandMichigan Supreme Court · 1999
  3. People v. HerndonMichigan Court of Appeals · 2001
  4. People v. LardieMichigan Supreme Court · 1996
  5. People v. American Medical Centers of Michigan, Ltd.Michigan Court of Appeals · 1982

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