Commonwealth v. DragottaAnnotate this Case
After a jury-waived trial, Defendant was convicted of wantonly or recklessly permitting another person to commit an assault and battery that resulted in bodily injury to her infant daughter. The injury was recklessly inflicted by Defendant’s boy friend after Defendant left her daughter in his sole care while she took a shower. The Appeals Court affirmed. The Supreme Judicial Court, holding that the evidence was not sufficient as a matter of law to find that Defendant’s conduct involved a high degree of likelihood that substantial harm would result to her daughter, and therefore, Defendant’s conviction of wantonly or recklessly permitting an assault and battery on the victim cannot be sustained.