People v. Lybarger

Opinion by

Judge KELLY.

The defendant, Jon Lybarger, appeals from the judgment entered on a jury verdict finding him guilty of child abuse resulting in death. We affirm.

On March 15, 1982, the defendant’s five-week-old daughter died of severe pneumonia. She had been sick for some time, but the defendant, in accordance with his religious beliefs, had not sought medical care for her.

He was charged by information with violating Colo.Sess.Laws 1980, ch. 93, § 18-6-401(l)(b), at 544 (conduct that “may endanger” a child’s life or health). Prior to trial, the defendant informed the prosecution and the…