State v. Hemphill

In State v. Hemphill, 104 N.C. App. 431, 409 S.E.2d 744 (1991), the defendant took his four-month-old baby to the hospital in the late afternoon, and the baby's pediatrician determined that the baby had been dead for three to four hours. The doctor performing the autopsy found significant evidence of shaken baby syndrome, including vomiting, hemorrhaging in the lungs, and bruises on the front and back of the brain. The doctor testified that the injury resulted from "violent or vigorous" shaking. In a statement to police after the autopsy was completed, the defendant stated that he had shaken the child about four times shortly before noon on the day she died because she was choking. Hemphill, 104 N.C. App. at 431-33, 409 S.E.2d at 744-45. After reciting these facts, defining malice, and holding that the facts were sufficient to support a finding of malice, our Court summarized that: The evidence that defendant shook the baby as well as the expert testimony that the cause of death was 'Shaken Baby Syndrome,' which typically results from an infant's head being held and shaken so violently that the brain is shaken inside the skull causing bruising and tearing of blood vessels on the surface of and inside the brain, is sufficient to show that defendant acted with 'recklessness of consequences, . . . though there may be no intention to injure a particular person.' Id. at 434, 409 S.E.2d at 745.