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PEOPLE v. LYBARGER

No. 86CA0119.

790 P.2d 855 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jon C. LYBARGER, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

Rehearing Denied November 16, 1989.

Certiorari Granted April 16, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and John Daniel Dailey, Deputy Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, and Michael J. Heher, Deputy State Public Defender, Denver, for defendant-appellant.

Hamilton, Myer, Swanson, Faatz & Clark, Dwight A. Hamilton and Jan E. Montgomery, Denver, for amicus curiae The Church of Christ, Scientist.

Opinion by Judge KELLY.

The defendant, Jon Lybarger, appeals from the judgment entered on a jury verdict finding him guilty of child abuse resulting in death. We affirm.

On March 15, 1982, the defendant's five-week-old daughter died of severe pneumonia. She had been sick for some time, but the defendant, in accordance with his religious beliefs, had not sought medical care for her.

He was charged by information with violating Colo.Sess.Laws 1980, ch...

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