Oxendine v. State
Supreme Court of Delaware, 1987.
Author: Jim

Facts:  Defendant’s girlfriend physically abused his child and that resulted in a serious abdominal injury to the child.  Then the defendant came home from work and physically beat up the child.  The child stomach got swollen and soon the child died in the hospital.  The defendant was charged and convicted for manslaughter.  Now the defendant appeals and argues that the child’s death was the result of his girlfriend’s actions and his actions did not cause the death of the child.

Issue: Was there the needed causation between the actions of the defendant and the death of the child that will make him guilty of manslaughter?

Holding: No

Rationale: The state failed to prove beyond a reasonable doubt that the defendant’s beating worsened the injury of the child that was incurred by the girlfriend.  The medical experts failed to rule whether the defendant accelerated the victim’s death.  The state’s whole case was based on the view that the defendant caused (accelerated) the death of the victim.  But such they failed to prove.  Therefore the defendant is not guilty of manslaughter but of assault in the second degree.