State v. Plumley

Defendant was charged with manslaughter. The asserted basis of the charge was that he mortally injured his 3-year-old stepdaughter “by striking and beating” her. The jury returned a verdict of guilty. Defendant appeals.

We summarize the salient facts which the jury could have found from the evidence.

At approximately 3 p.m. on January 1, 1963, defendant took his stepdaughter to the Mountain View General Hospital.

Dr. Harold Clure, the first doctor to examine her, testified:

“This child was unconscious at the time I first examined her. She was lying with her eyes partially opened. The eyes…