State v. James E.Annotate this Case
There was sufficient evidence in this case to support Defendant’s conviction of risk of injury to a child because Defendant willfully or unlawfully caused or permitted a three-year-old child to be placed in a situation where the life or limb of the child was endangered.
Defendant was found guilty by a jury of risk of injury to a child for endangering his child’s “life or limb” pursuant to Conn. Stat. 53-21(a)(1). The Appellate Court upheld the jury’s verdict on the ground that it was supported by sufficient evidence that Defendant had created “a risk of harm to the mental health of the child” - a separate theory of liability under section 53-21(a)(1). On appeal, both parties agreed that the Appellee Court incorrectly affirmed Defendant’s conviction on the basis of an uncharged theory of liability. The Supreme Court nonetheless affirmed, holding (1) Defendant created a situation that endangered the life or limb of his child, and he had the requisite general intent; and (2) therefore, the jury reasonably could have concluded that Defendant was guilty beyond a reasonable doubt of risk of injury to a child.