Saxon v. State

WALDEN, Judge.

Defendant was tried by jury, convicted of second degree murder, and duly sentenced. He appeals. We reverse.

The victim was the two year old stepdaughter of the defendant. It is sufficient to say without particular detail that there was circumstantial and direct evidence of cruelty and abuse on the part of defendant, some conflicting, which lead to the victim’s death. It came as a direct result of a head or brain injury, subdural hematoma. It was caused either by a blunt instrument or by the body’s being in motion and striking some flat surface.

We address ourselves to the…