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Jones v. United States

The Neglected Infant

Citation
308 F.2d 307 (D.C. Cir. 1962)
Year
1962
Charge
Involuntary Manslaughter — Failure to Provide Food and Necessities
Source
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The facts

In late 1957, the mother became pregnant out of wedlock with the first child, born August 17, 1958. To avoid the embarrassment of the child's presence in the mother's home, it was arranged that the Defendant — a family friend — would take the infant. The Defendant accepted custody, and the mother agreed to pay her $72 a month for the first child's care. In early 1959, the mother became pregnant again, this time with the second child, born October 21, 1959. The second child was released from the hospital directly into the Defendant's custody, shortly after which the mother returned to her parents' home, leaving both children with the Defendant. The mother testified she visited once in March 1960, then not again until August 5, 1960, when Police removed the children from the Defendant's home. The Defendant had complete custody of both children continuously from late 1959 to August 1960. During this period, the second child received virtually no food or medical care despite the Defendant having the means to provide both — in March 1960, she had called a doctor for the second child regarding a bronchial condition, demonstrating awareness that help was available. The second child died from severe malnourishment and neglect. The Defendant was charged with involuntary manslaughter for his death.

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