Davis v. Commonwealth

In a bench trial, Mary B. Davis was convicted of involuntary manslaughter of her mother, Emily B. Carter, and sentenced to 10 years in the penitentiary. The trial court found that Carter’s death resulted from Davis’ criminal negligence in failing to provide her mother with heat, food, liquids, and other necessaries.

The principal issues in this appeal are: (1) whether Davis had a legal duty to care for Carter, and if so, (2) whether she breached the duty by conduct constituting criminal negligence. An additional issue involves the admission into evidence of two photographs of the victim taken…