(DOWNLOAD) "People V. Lybarger" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Lybarger
- Author : Colorado Supreme Court
- Release Date : January 20, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In this appeal the defendant, Jon Courtland Lybarger, challenges his conviction of felony child abuse resulting in death. 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 against legislation respecting the establishment of religion, U.S. Const. amend. I; Colo. Const. art. II, § 4; that the trial court erred in deleting the phrase "without justifiable excuse" from the elemental jury instruction on child abuse resulting in death; and that the evidence presented at trial was insufficient to support the conviction. Although we are satisfied that the elemental instruction on child abuse was not erroneous under the evidentiary record in this case and that the evidence was sufficient to withstand the defendant's motion for a judgment of acquittal, we nonetheless conclude that the trial court committed reversible error in striking on its own motion the statutory affirmative defense of treatment through spiritual means. We accordingly reverse the defendant's conviction and remand for a new trial.
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