This section contains the nature of the case and procedural background.

Walter Williams is 24, a Sheshont Indian, and has a sixth-grade education. Bernice Williams is 20, part Indian and with an eleventh-grade education. When they were married, Bernice had two children. Both of them loved the children. The younger one became ill. They thought that the baby had a simple toothache, and gave him aspirin. The toothache became infected and spread to his cheeks, and eventually, it became gangrenous. The baby could not eat, so his resistance was lowered, and he came down with pneumonia. D feared that the welfare department would take the baby away if they took him to a hospital. As a result, the baby did not receive the proper medical attention and died. The infection had lasted about two weeks. The Williams' (Ds) were charged with manslaughter for failure to supply their 17-month-old child with the necessary medical attention. Ds were found guilty of manslaughter for this negligence. Ds appealed their conviction.

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