State v. House

This is an appeal by the State from a judgment sustaining demurrers by both defendants to an indictment which charged them with the “deliberate and premeditated” killing of their infant child by “* * * wilfully, purposely and knowingly failing and refusing during the life of [the child] to secure and to provide [him] with adequate sustenance, and medical and hygienic care necessary for his physical well being.”

The Court of Appeals, in a decision by a divided court, affirmed the holding of the trial court that the indictment was insufficient “* * * to enable a person of common understanding to…