In what circumstances will a defendant be found guilty of criminal negligence in relation to injuries sustained by his partner?

Defendant seeks support in People v. Peabody, 46 Cal.App.3d 43, 119 Cal.Rptr. 780. There the court reversed a mother's child abuse [60 Cal.App.3d 14] conviction of violating Penal Code section 273a, subdivision (1), because the trial judge had failed to instruct on criminal negligence. In Peabody, the prosecution sought to show that the mother had, in statutory parlance, 'willfully permitted' the child's physical injury by its father. Here, the defendant was charged with personally injuring the child and not

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