Pallis v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Conecuh. Tried before the Hon. J. W. Foster. The appellant in this case was indicted, tried and convicted for an assault upon her child, with intent to murder it, and sentenced to the penitentiary for three years.
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Appeal from tlie Circuit Court of Conecuh. Tried before the Hon. J. W. Foster. The appellant in this case was indicted, tried and convicted for an assault upon her child, with intent to murder it, and sentenced to the penitentiary for three years. The evidence for the State tended to show that the defendant placed her new-born baby on the side of a public road in a sand bed, without any clothing or wrapping of any kind upon it, and left it there covered with straw and leaves; that the next day the child was found in an almost dying condition, and was carried to a physician, who revived it and…
1Opinion of the CourtHaralson, J.
It seems to be well settled, that where a parent having charge of an infant of tender' years, abandons and exposes it to the inclemency of the weather, such parent is guilty of an assault. If physical detriment ensue from such exposure, it is a battery on the child. — Russell on Crimes, p. 1021, § 1022; 2 Bish. New Crim. Law, § § 29, 33 (2), 72 (3), 660 (1).
“If the exposure or neglect of an infant or other dependent person, resulting in death, is an act of mere carelessness, wherein danger to life does not clearly appear, the homicide is only manslaughter; whereas, if the exposure or neglect…
2Cited by20 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- State v. CypherIdaho Supreme Court · 1968
- State v. CauleySupreme Court of North Carolina · 1956
- State v. ShephardSupreme Court of Iowa · 1963
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1948
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