Questão jurídica principal
Whether the appeal court violated the indictment principle by relying on an unexplained 'special/remarkable' behavior of the child.
Decisão extraída
Yes. The indictment did not allege such behavior, and the judgment did not make clear what concrete facts were meant.
Fundamentação extraída
The appellate court introduced a factual basis different from the charge: the prosecution alleged failure to notice the child had gone under water, not prior conspicuous conduct. This breached the indictment principle.