State v. Worthington

Following a jury trial, defendant was convicted of criminal mistreatment in the second degree, ORS 163.200, for withholding medical attention from his 15-month-old daughter, who died of bacterial pneumonia and a blood infection. On appeal, defendant offers a combined argument as to why the trial court erred by refusing to give his requested jury instruction and by denying his motion in arrest of judgment.1 Defendant contends that, because his failure to seek medical attention for his daughter was rooted in his religious practice, the jury instructions and the indictment should have provided…