STATE OF MISSOURI, Plaintiff-Respondent v. DUSTIN J. SNOW, 437 S.W.3d 396

In August 2010 Mother left her infant son (≈11–14 months) in Defendant Dustin Snow’s care while she showered; on exiting she discovered a large knot on the child’s left temple and immediately sought emergency care.
The child was airlifted to a Kansas City hospital; a child-abuse pediatrician diagnosed inflicted blunt-force head trauma and bruising indicating at least two episodes of trauma.
Defendant told police he was home but briefly outside smoking and texting for 6–7 minutes while the child was in his care and denied hurting the child; only Mother, Defendant, and the two children were present.
Mother received and printed a Myspace message dated Sept. 17, 2010 that she identified as from Defendant’s Myspace account; the message expressed love, regret, and references to Mother’s pregnancy.
At trial Defendant’s on‑again/off‑again girlfriend testified she had the password to Defendant’s Myspace and admitted sending that Myspace message to Mother to create suspicion against Defendant.
A jury convicted Defendant of child abuse and assessed two years’ imprisonment; Defendant appeals arguing insufficient evidence of knowledge and erroneous admission of the Myspace message.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency: whether evidence proved Defendant knew his conduct inflicted cruel and inhuman punishment	State: physical injuries, medical diagnosis of inflicted blunt-force trauma, timing and exclusive presence of few adults permit inference Defendant caused and knowingly inflicted cruel and inhuman punishment	Snow: no direct proof how injuries occurred, no proof of force or means, insufficient to show knowledge	Affirmed: circumstantial evidence (injuries, medical opinion, defendant’s statement about being sole caregiver) allowed jurors to infer knowing cruel and inhuman punishment
Authentication of Myspace message	State: Mother’s testimony identifying Defendant’s Myspace page, photograph, account access, message content tied to personal facts—sufficient circumstantial foundation	Snow: no foundation showing he authored the message or was sole account holder; admission prejudicial	Affirmed: trial court did not clearly abuse discretion; authentication sufficient for jury to weigh credibility; alleged weaknesses were for jury

State v. Belton, 153 S.W.3d 307 (Mo. banc 2005) (standard for reviewing sufficiency of evidence)
State v. Freeman, 269 S.W.3d 422 (Mo. banc 2008) (reviewer must view evidence in light most favorable to verdict)
State v. Breedlove, 348 S.W.3d 810 (Mo. App. S.D. 2011) (intent may be proved circumstantially; examples of cruel and inhuman punishment)
State v. Brown, 660 S.W.2d 694 (Mo. banc 1983) (common-law meaning of "cruel and inhuman punishment")
State v. Silvey, 980 S.W.2d 103 (Mo. App. S.D. 1998) ("punishment" includes severe or rough treatment)
State v. Sumowski, 794 S.W.2d 643 (Mo. banc 1990) (example of corporal acts constituting cruel and inhuman punishment)
State v. Hines, 377 S.W.3d 648 (Mo. App. S.D. 2012) (choking leaving brief visible injury can constitute cruel and inhuman punishment)