State v. Dailey, 53407
| Decision Date | 14 June 1988 |
| Docket Number | No. 53407,53407 |
| Citation | 755 S.W.2d 348 |
| Parties | STATE of Missouri, Respondent, v. Linda DAILEY, Appellant. |
| Court | Missouri Court of Appeals |
Henry Robertson, St. Louis, for appellant.
George A. Peach, Dee Joyce-Hayes, St. Louis, for respondent.
In this jury tried case, defendant was convicted of endangering the welfare of a child, in violation of § 568.050, RSMo. 1986. Her appeal raises one issue, whether the trial court erred in overruling defendant's motion for judgment of acquittal on the basis that there was insufficient evidence to support the conviction. Finding that there was sufficient evidence, we affirm.
The defendant, mother of the victim Jerrell Sims, was tried jointly with Cleveland Sims, the admitted father of the victim. They were both charged with assault in the first degree (§ 565.050, RSMo. 1986). Defendant was also charged with endangering the welfare of a child "by failing to seek adequate medical attention for the child's injuries, and by providing misleading information to medical personnel on the childs [sic] condition and treatment." Although Sims was also charged with endangering the welfare of a child, the allegation was confined to "failing to seek adequate attention for the child's injuries." The jury acquitted both defendant and Sims of the assault charge. However, each was found guilty of endangering the welfare of a child and punishment was assessed at a fine of $1000 each. On appeal, the conviction of Sims was reversed. State v. Sims, 746 S.W.2d 157 (Mo.App.E.D.1988).
In assessing a sufficiency of the evidence challenge, the evidence, together with all reasonable inferences which may be drawn from it, is viewed in the light most favorable to the verdict. Evidence and inferences contrary to the verdict are ignored. State v. Mallett, 732 S.W.2d 527, 530 (Mo. banc 1987).
Jerrell was born on September 24, 1985. His parents were not married. They lived in a two-family residence; defendant and Jerrell in the downstairs apartment, Sims in the upstairs apartment with his mother. The parents were the sole custodians of Jerrell.
On Thursday evening, November 7, 1985, Sims dropped Jerrell while trying to take him out of the car. The baby landed face first on the concrete. The next morning, defendant took Jerrell to Yateman Clinic, a free clinic near her home. There, the medical record indicates, the clinic was advised The clinic's x-ray machine was not working that day, thus x-rays could not be taken. However, defendant was told to return to the clinic on Tuesday, November 12, to see Dr. Carmona for skull films. Defendant did not return on November 12 to have the x-rays taken. In fact, Yateman Clinic records indicate the next time they saw the baby was December 12. At that time, mother took Jerrell to the clinic because the baby was vomiting, had a fever, and was crying most of the day. The medical records reflect that the pediatric nurse at the clinic was told "Skull x-rays at Children's [Hospital] last month." Clinic personnel concluded that the baby was dehydrated and had an inguinal hernia, so the baby was sent to Children's Hospital.
Records at Children's Hospital indicated that they first saw Jerrell on November 1 for a rash. No x-rays were taken. The next time the baby was at Children's Hospital was on December 12, when the child was admitted for dehydration.
Following admission to the hospital on the 12th, the child was under the care of Dr. Thomas Hines, a pediatric resident. The child was treated for dehydration. Dr. Hines noted that the child was quite irritable; when touched, the baby would stiffen, arch his back, and cry. This was unusual for a dehydrated baby. Because of this, and searching for a reason for the source of the irritability, a chest x-ray was taken. That x-ray disclosed multiple rib fractures. As a result of that finding, additional x-rays were ordered. A skull x-ray raised a question of a skull fracture. An x-ray of the left arm indicated a fracture of the left wrist....
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State v. Rinehart
...to provide or obtain adequate medical care for a child can be the basis for a child endangerment conviction. See State v. Dailey, 755 S.W.2d 348, 350–51 (Mo.App. E.D.1988) (affirming a judgment of child endangerment against a mother who “knowingly failed to obtain adequate medical attention......
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...is to act in a manner that puts a child at risk. Failure to provide medical treatment for a child violates this statute, State v. Dailey, 755 S.W.2d 348 (Mo.App.1988); failure to provide necessary care for a child's well-being constitutes neglect, § 210.110, Appellants contend the trial cou......
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State v. Wilson
...than seventeen years old." Failure to provide medical treatment can constitute endangerment of the welfare of a child. State v. Dailey, 755 S.W.2d 348, 350 (Mo.App.1988). In Dailey, the Eastern District of this court found sufficient evidence to support a mother's conviction for endangering......