Westrup v. Commonwealth

In Westrup v. Commonwealth, 123 Ky. 95, 93 S.W. 646, 29 Ky. L. Rptr. 519 (1906) the defendant's pregnant wife insisted that she did not want medical aid for the birth of her child. Soon after giving birth she developed complications, and her husband summoned a physician, who was at that point unable to prevent the death of the defendant's wife. The husband's conviction for involuntary manslaughter was reversed, the court finding that the husband had acted in good faith and at his wife's competent request. The court stated: "Where the husband neglects to provide necessaries for his wife, or medical attention in case of her illness, he will be guilty of involuntary manslaughter, provided it appears that she was in a helpless state and unable to appeal elsewhere for aid, and that the death, though not intended nor anticipated by him, was the natural and reasonable consequence of his negligence."