Lane v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the trial court when it sustained a motion for a new trial and set aside the conviction of Lane for complicity to commit first-degree assault on her infant daughter.

The sole issue is whether the trial judge correctly determined that the defendant did not have a legal duty to take some affirmative action to prevent the commission of an assault upon her infant daughter. Lane argues that her conduct was insufficient to support an indictment and conviction for complicity to commit assault under the legal…