PEOPLE v. PEABODY

Docket No. 1512.

46 Cal.App.3d 43 (1975)

119 Cal. Rptr. 780

THE PEOPLE, Plaintiff and Respondent, v. DONNA LEE PEABODY, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 13, 1975.


Attorney(s) appearing for the Case

COUNSEL

Roslyn Robbins Dienstein, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Marjorie Winston Parker, Joel E. Carey and Robert D. Marshall, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

FRANSON, J.

The issue is the standard of conduct required for a violation of Penal Code section 273a, subdivision (1), which proscribes "wilfully" causing or permitting a child to be placed in a situation likely to produce great bodily harm or death. We hold that the standard of conduct condemned by the statute is that of criminal negligence and that the trial court's failure to so instruct the jury compels a reversal.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases