State v. Sinica

372 N.W.2d 445 (1985)

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State v. Sinica

Nebraska Supreme Court
372 N.W.2d 445 (1985)

  • Written by Tammy Boggs, JD

Facts

Peter Sinica (defendant) was father to a nine-year-old child (Jr.). One day, Jr. arrived at school with a cut on his face. Jr. revealed to his teacher that he had disobeyed his father’s order, which had been to bring home notes from Jr.’s teachers showing that Jr. had completed his schoolwork prior to a family vacation. As punishment, Sinica struck Jr. on his face and beat him with a belt on his buttocks and back. Police found that Jr.’s buttocks were severely bruised to a deep purple color. Jr. also had visible bruises on his back and shoulders. The state (plaintiff) charged Sinica with child abuse and, specifically, with knowingly or intentionally causing or permitting Jr. to be cruelly punished. Sinica moved to quash the information on the ground that the statute was unconstitutionally vague or overbroad and might encompass a broad range of disciplinary measures. The trial court sustained the motion. The state appealed.

Rule of Law

Issue

Holding and Reasoning (White, J.)

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