State v. McLaughlin

*217JOSEPH, J.

Defendant was indicted for child neglect. ORS 163.545.1 She was convicted by a jury and appeals.2

Defendant and her husband were both 22 years of age; she has a tenth grade education. At the time of the alleged crime defendant had two daughters born out of wedlock, aged about six and four. Defendant and husband were married in 1976; they had a child in April, 1978, who died as a result of husband’s assaulting him in June, 1978. Husband had a history of bad temper and several acts of physical violence. In October, 1977, he had spanked one of defendant’s daughters with a toy broom…