WALKER v. SUPERIOR COURT

Docket No. S.F. 24996.

47 Cal.3d 112 (1988)

763 P.2d 852

253 Cal. Rptr. 1

LAURIE GROUARD WALKER, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

November 10, 1988.


Attorney(s) appearing for the Case

COUNSEL

Scofield & Volk, Thomas A. Volk and Robert G. Scofield for Petitioner.

Warren Christopher, Robert C. Vanderet, Robert M. Schwartz, O'Melveny & Myers, Margaret Crosby, Alan Schlosser, Edward Chen, Paul L. Hoffman, Carol A. Sobel, Mark Rosenbaum, Mary Ann Yurkonis, David E. Mackenroth and Mackenroth, Seley & Anwyl as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, David D. Salmon and Clifford K. Thompson, Jr., Deputy Attorneys General, for Real Party in Interest.

Hassard, Bonnington, Rogers & Huber, David E. Willett and Catherine I. Hanson as Amici Curiae on behalf of Real Party in Interest.


OPINION

MOSK, J.

We consider in this case whether a prosecution for involuntary manslaughter (Pen. Code, § 192, subd. (b)) and felony child endangerment (id., § 273a, subd. (1)) can be maintained against the mother of a child who died of meningitis after receiving treatment by prayer in lieu of medical attention. We conclude that the prosecution is permitted by statute as well as the free exercise and due process...

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