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LYBARGER v. PEOPLE

No. 90SC2.

807 P.2d 570 (1991)

Jon C. LYBARGER, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 8, 1991.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Michael J. Heher, Deputy State Public Defender, Denver, for petitioner.

Gale A. Norton, Atty. Gen., Ray Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Denver, for respondent.

Hamilton, Myer, Swanson & Faatz, P.C., Dwight A. Hamilton, Valerie W. Kenney, Denver, for amicus curiae The Church of Christ.

Justice QUINN delivered the Opinion of the Court.

This case is before us a second time for review of the conviction of the defendant, Jon C. Lybarger, for felony child abuse resulting in death. In People v. Lybarger, 700 P.2d 910 (Colo.1985), we reversed the defendant's conviction due to the trial court's striking sua sponte the affirmative defense of "treatment by spiritual means" created by section 18-6-401(6), 8B...

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