CAAF Opinion Digest · one opinion, every topic

U.S. v. Mayo, 50 M.J. 473

Decided Jul 1, 1999 · No. 98-1022/AR · 1999 Term · Opinion (PDF)

Digested under 1 topic

Core Criminal Law Subjects: Crimes: Article 128 - Assault Pre-2019 offenses

  1. the intentional throwing of a 19-month-old child into a pile of clothes on the floor, with sufficient force and from a sufficient height to fracture the child’s femur, is an act that a reasonable factfinder could determine was culpably negligent; the intentional act of throwing the child, combined with the resulting injury, completes the battery and provides legally sufficient evidence to support conviction for assault consummated by a battery on a child under 16 years
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