State v. McFadden
Decision Date | 15 January 1908 |
Citation | 93 P. 414,48 Wash. 259 |
Parties | STATE v. McFADDEN. |
Court | Washington Supreme Court |
Appeal from Superior Court, Asotin County; Chester F. Miller, Judge.
Charles McFadden was convicted of manslaughter, and he appeals. Reversed and remanded.
S. G. & H. G. Cosgrove and Sturdevant & Bailey for appellant.
Geo. H Rummens, for the State.
The defendant was charged with the crime of manslaughter. The information is very long and circumstantial in its allegations; but in substance it charges that the defendant represented to one Ida Robison that he was a physician; that the representations were made for the purpose of inducing her to believe that he was a skillful and qualified physician; that, believing said representations and relying thereon, she employed him to treat her minor child, a daughter, of the age of about nine months; that she placed the child under the direction and supervision of the defendant to be treated by him as such physician; that he at once assumed the relation of physician toward the child, and that while so acting he prescribed and directed that the child should be given no food or nourishment save water and the juices of fruit, and such other nourishment as he might direct; that acting under such instruction she thereafter withheld from the child all food and nourishment, except as directed by the defendant, for a number of days; that the food which was given under the defendant's direction was insufficient to sustain the life of the child, and she thereupon became weak and emaciated; that the mother became convinced that said treatment was not proper for the child, and she thereupon gave the child a small quantity of wholesome food, which was beneficial and not detrimental to her health; that she informed the defendant she had so given the food and he thereupon remonstrated with her, and assured her and led her to believe that the treatment he directed was necessary for the cure and relief of the child; that thereupon the mother again kept all food from the child, except as directed by the defendant, for a great number of days, and during all of said times she faithfully complied with all requests and instructions of the defendant in relation to the treatment of the child, but by reason of such treatment, so directed by the defendant, the child became weak, emaciated, and starved; that the defendant was at all times grossly ignorant and unlearned in the proper and necessary treatment of diseases, and the treatment which he prescribed and directed for the child was grossly improper and dangerous to its life; that the child was during all said times under the care and direction of the defendant as aforesaid; and that on account of the treatment so administered and the withholding of food, as alleged, the child died. A demurrer to the information was overruled, after which the defendant pleaded not guilty, and he was tried and convicted. He has appealed.
It is assigned that the court erred in overruling the demurrer to the information. It is urged that the facts alleged against appellant do not amount to a charge of manslaughter, for the reason that it was not appellant but the mother who withheld the food from the child. It is contended that the information shows that appellant did not assume to administer the food but that the mother at all times did so, and that the real physical act which it is alleged caused death was that of the mother, the appellant being at the time not personally present, but having advised the mother to do the...
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