The opinion of the court was delivered by This is an appeal from a jury conviction of aggravated battery (K.S.A. 21-3414). The victim was defendant Margaret Smolin's ten-month-old daughter, Golda. On the morning of July 26, 1975, defendant brought her daughter to Asbury Hospital in Salina, Kansas. Golda was treated at the hospital by Dr. Frederick Gans, who observed the child had lost contact with its environment and had incurred superficial bruises over the body, burns on the top and bottom of both feet, a burn on the left shoulder and swelling of the right leg above the knee. A spinal tap was performed which indicated injury to the central nervous system. X-rays revealed fractures to the right lower thigh and left wrist. Because he felt the injuries could not have been accidental and he did not expect the child to live, Dr. Gans contacted the police.
