This section contains the nature of the case and procedural background.

Downes' (D) small child was sick and wasting away for nine months before it died. D did not call a doctor because of his religious beliefs. D, in compliance with his beliefs, did consult the elder of the church and followed his advice about the child's diet. The child died. D was charged with willful neglect of a legal duty to care for the child. D appealed.

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