People v. Morales

BARNARD, P. J.

The defendant was charged with the crime of manslaughter in connection with the death of her four-year old granddaughter. A jury found her guilty and she appeals from the judgment and from an order denying her motion for a new trial.

It is first contended that the evidence is insufficient to sustain the verdict. The story disclosed by the testimony in this case is a pathetic one and it would serve no useful purpose to set forth any of the details here. A very general reference to some of the facts brought out in the evidence will be sufficient. The little girl had been living with the appellant for some months, having been abandoned by her father and mother. Apparently, the appellant resented the presence of the child and certain extra work and attention required by the child, and it rather clearly appears that she developed a dislike for the little girl. The testimony of a number of witnesses shows a continued course of neglect, exposure and abuse over a period of more than three months preceding the death of the child. This included not only depriving the child of proper food and exposing her to the elements in very cold weather, but also repeated and frequent

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whippings or beatings administered in a ruthless and brutal manner. The autopsy surgeon testified that the body of the little girl appeared to be undernourished, that both of the eyes had been blacked, that there were a number of abrasions and contusions on the arms and legs, and that there was an injury to the forehead which he thought had been caused by a single blow. He further testified that the cause of death was lobar pneumonia, that previous exposure and treatment had probably contributed to this but that the head injury “is the thing that precipitated it.” There is evidence which justifies the inference that this child had been beaten by the appellant during the night preceding her death. While there is some conflict, the evidence, as a whole, clearly indicates that the death of this child resulted from a form of pneumonia which was directly caused by the appellant’s treatment of the little girl and a blow she had inflicted upon her. A reading of the record compels the conclusion that the evidence is sufficient and ample to support the judgment.

Some contention is made that prejudicial error appears in that the jury was allowed to take three exhibits into the jury room without having made any request for them. In its instructions the court told the jury that it was entitled to take the exhibits if it so desired. While no such request was made the clerk of the court handed to the jury three exhibits, being two photographs of the dead body of the little girl and a leather strap with which, according to the evidence, the appellant had sometimes whipped the girl. Before the jury brought in its verdict counsel for the appellant called the matter to the attention of the court and the court offered to have the only remaining exhibit, which was a blackboard used during the trial, sent in so that all of the exhibits would be before the jury. Counsel for the appellant replied that it was unnecessary to do this. It is now contended that although the jury was entitled to take these exhibits it was error to permit this to be done without a specific request therefor from the jury. Assuming, but not holding, that any error appears no prejudice is shown and any possible error in this regard would not justify a reversal.