Jones v. United States

Facts

The court noted that the evidence conflicted on almost every significant issue. In late 1957, Shirley Green became pregnant, out of wedlock, with Robert Lee, who was born on August 17, 1958. Apparently to avoid embarrassment in the Green home, it was arranged that Jones, a family friend, would take him after birth, and Shirley agreed to pay her $72 a month for his care. Anthony Lee was born on October 21, 1959. After mild jaundice kept him in the hospital, he was released to Jones's custody on October 26, 1959, on Shirley's authorization. Shirley lived with Jones for three weeks, then returned to her parents' home, leaving both children. There seems to have been no specific money agreement for Anthony Lee, but Jones had complete custody of both children, and she had ample means to provide food and medical care. In early July 1960, a doctor treating Anthony Lee noted his wizened appearance and told Jones to tell the mother he should be taken to a hospital. This was not done. On August 2, 1960, gas company collectors saw the children in Jones's basement. Robert Lee was in a screened crib lined with stained newspaper crawling with roaches, and Anthony Lee was described as looking like a small baby monkey. On August 5, 1960, police removed the children. Anthony Lee had severe malnutrition, ate hungrily in the hospital, and died 34 hours after admission, of malnutrition. He weighed seven pounds, thirteen ounces at ten months.

Issues

1. Must a trial court instruct the jury that it must find beyond a reasonable doubt that the defendant owed a legal duty of care to the deceased before the jury can convict the defendant of involuntary manslaughter for an omission?
2. Was there sufficient evidence to submit to the jury the questions whether the defendant failed to provide food and proper medical care for the child?

Holding

A finding of legal duty is the critical element of manslaughter by omission, and the disputed facts behind it must be passed on by the jury. Because the instructions failed even to suggest that the jury had to find that Jones owed Anthony Lee a legal duty, by contract or by assuming his care and secluding him, the failure to instruct was plain error, and the conviction was reversed.