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Home / Opinion Digests / Criminal Practice / Criminal Practice – Misdemeanor Child Abuse – Toddler’s Drowning Death – Motion to Dismiss – Defense Evidence (access required)

Criminal Practice – Misdemeanor Child Abuse – Toddler’s Drowning Death – Motion to Dismiss – Defense Evidence (access required)

We reverse for the reasons stated in Chief Judge McGee’s dissent (Defendant’s evidence regarding the events immediately before the victim drowned was contradictory to the state’s evidence on the same point; therefore, it should not be considered in ruling on defendant’s motions to dismiss. When considered alone, the state’s evidence was sufficient to go to ...

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