(Download) "Lybarger V. People" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Lybarger V. People
- Author : Colorado Supreme Court
- Release Date : January 18, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
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 C.R.S. (1986), and we remanded the case for a new trial. On remand, the defendant was again convicted of child abuse resulting in death. During the second trial, the trial court instructed the jury that it was its function to determine whether the "treatment by spiritual means" defense was available to the defendant and that the defense was not available if the prosecution established beyond a reasonable doubt the essential elements of the crime of child abuse resulting in death. The court of appeals, in affirming the defendant's conviction, held that the affirmative defense was not applicable to the defendant because there was evidence "that a reason other than spiritual treatment existed to consider the child endangered . . ." and that the trial court's instructions on the affirmative defense did not constitute plain error. People v. Lybarger, 790 P.2d 855, 860 (Colo. App. 1989). We granted the defendant's petition for certiorari to consider the court of appeals' resolution of this case. We now reverse the judgment of the court of appeals and remand the case for a new trial.
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