Lybarger v. People

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…