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PEOPLE v. LYBARGER.

Nos. 83SA433, 84SA236.

700 P.2d 910 (1985)

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

Supreme Court of Colorado, En Banc.

Rehearings Denied June 10, 1985 and June 24, 1985.

Attorney(s) appearing for the Case

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

David F. Vela, Colo. State Public Defender, David Wymore, Chief Deputy Public Defender, Michael J. Heher, Deputy Public Defender, Denver, for defendant-appellant.

Dwight A. Hamilton, Jan E. Montgomery, Denver, for amicus curiae, First Church of Christ, Scientist, in Boston, Mass.

QUINN, Justice.

In this appeal the defendant, Jon Courtland Lybarger, challenges his conviction of felony child abuse resulting in death.1 Among his claims are the following, which we address in this opinion: that the trial court erred in declaring on its own motion that the affirmative defense of treatment through spiritual means, as provided in sections 18-6-401(6) and 19-1-114, 8 C.R.S. (1978), abridged the constitutional prohibition...

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