The opinion
Darrell Hickman, Justice, dissenting. We have, in my judgment, at times distorted the rule requiring substantial evidence, or corroborative evidence of a accomplice’s testimony beyond credibility. See Cassell v. State, 273 Ark. 59 , 616 S.W.2d 485 (1981).
In this case a mother was convicted of the second degree murder of her child. The only substantial evidence of her guilt is that she had custody and control over the child during a period of time in which the child was undoubtedly severely abused. We are supposed to, if we can, block from our minds a statement the child made the day he died to one of his grandparents that “Steve beat me last night.” That evidence was inadmissible and was not considered by the jury. A doctor testified that the child could be diagnosed as suffering from the “battered child syndrome.” Where is there other evidence that this woman knowingly killed her child under circumstances manifesting extreme indifference to the value of human life or that she was an accomplice to such a crime?
I could support a conviction of negligent homicide, but not second degree murder. The state simply sought and obtained a conviction for a higher degree of guilt than that supported by the evidence.
I would reverse and dismiss.
Purtle, J., and Hollingsworth, J., join.