People v. Swanson

Defendant, Allan Swanson, was tried by a jury and found not guilty of battery and guilty of reckless conduct. He was sentenced to one year probation. On appeal he contends that he was not proved guilty beyond a reasonable doubt.

The facts are basically undisputed. Defendant lived with a woman and her five-year-old son, Joshua. Both the defendant and the woman shared the responsibility of disciplining the child. On November 4,1978, defendant, while disciplining Joshua, spanked him with one of the child’s belts. As the child squirmed, some of the blows fell on his back and chest. Defendant then…