People v. Jennings

While trying to put his fussy, crying four-month-old daughter Christina down for a nap, John Jennings (defendant) became frustrated and slapped her on the head with an open hand, causing her to stop breathing, lose oxygen to her brain, and suffer severe brain damage and blindness; Jennings admitted the slap caused serious bodily injury but denied intending to harm Christina, arguing the slap did not amount to felony child abuse under a statute requiring knowing, intentional, or negligent, unjustified cruel punishment of a child. A jury convicted Jennings, but the trial court later granted his motion to dismiss the indictment, finding the statute's "cruel punishment" language unconstitutionally vague; the state appealed.