I have a case where a pregnant mother went to the ER for symptoms, and admitted to Meth (and Cocaine) usage. It seems to fit 22.041, if the ingestion is "in the presence of the child" considering the child is in the womb. Defense counsel says no on case law, but can't provide me a case. Opinions or suggestions? Oh, counsel also says no harm no foul because the baby was delivered healthy.
Anguiano v. State, No. 08-02-00443-CR, 2004 WL 178601 (Tex. App.---El Paso 2004, pet. ref'd) (mem. op., not designated for publication) (evidence sufficient to support dad's conviction for endangering by placing son in imminent danger of bodily injury because officer testified he saw child reaching for loaded syringe 8-10 inches away from baby & dad passed out in driver's seat).
Harrist v. State, Nos. 11-01-00093-CR & 11-01-00094-CR, 2002 WL 32344342 (Tex. App.---Eastland 2002) (not designated for publication) (evidence sufficient to support endangering conviction even though child not injured where child crossed busy street twice while defendant slept, defendant was aware of child's propensity for running into street, child was six years old and had Down's syndrome, and open knives, syringes, scale, and pill bottles were located on table and on floor of motel room where defendant and child were living).
