PEOPLE V. JENNINGS 641 P.2d 276 (1982) CASE BRIEF

PEOPLE V. JENNINGS
641 P.2d 276 (1982)
NATURE OF THE CASE: This was an appeal from a conviction of child abuse.
FACTS: Jennings (D) went home early from work and dismissed the baby sitter to care for his three-year-old stepson and four-month-old daughter. The daughter was fussy and D claims he had trouble with her and then he hit her. The blow caused her to stop breathing for a time and that resulted in brain damage, blindness, and arrested mental development. Before trial, D stipulated that the girl had suffered serious bodily injury as a result of the slap. From these facts, the jury found D guilty of child abuse. D motioned for a new trial and then renewed a motion to dismiss based on the vagueness of the criminal child abuse statute. The court dismissed for vagueness. The State appealed.

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