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VAUGHAN v. COM.

Record No. 1470-86-2.

376 S.E.2d 801 (1989)

Gertrude Jacqueline VAUGHAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 7, 1989.

Attorney(s) appearing for the Case

Louis A. Rosenstock, III (Hill, Rainey & Rosenstock, on briefs), Petersburg, for appellant.

Birdie H. Jamison, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., W. Mark Dunn, Asst. Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BENTON and COLE, JJ.

BENTON, Judge.

Gertrude Jacqueline Vaughan, a minor, was convicted by a jury of first degree murder of her newborn baby and was sentenced to an indeterminate commitment pursuant to Code § 19.2-311. The issues presented on this appeal are (1) whether Vaughan owed a legal duty of care to the newborn baby and if so, (2) whether there was sufficient evidence to demonstrate that her neglect of the baby arose from malicious, willful, deliberate and premeditated intent...

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