|
People v. Alvarado |
A man stabbed and killed his two dogs while drunk. His girlfriend called the police after being informed of the situation by her brother. The trial court convicted the man of violating an anti-cruelty statute (Sec. 597 of the Penal Code). The Court of Appeals affirmed defendant's conviction, finding that Sec. 597 is a general intent crime and did not require a showing of specific intent to kill or harm the dog.
|
|
People v. Arcidicono |
The court held the bailee of a horse liable for failing to provide necessary sustenance to the horse, even though the owner of the horses had refused to pay for the necessary feed.
|
|
People v. Arroyo |
This case presents the court with a novel question: Does a pet owner commit an act of cruelty, for which he or she could be prosecuted criminally, by not providing an ill pet (in this case, terminally ill) with medical care? Defendant charged with violation of New York's anticruelty statute and moved for dismissal. In engaging in statutory interpretation, the Court held that: (1) provision prohibiting the deprivation of "necessary sustenance" was vague when applied to defendant, and (2) that the provision prohibiting "unjustifiably" causing pain to an animal was also vague when applied to defendant. Motion granted.
|
|
People v. Baniqued |
Defendant appealed from a judgment of the Superior Court of Sacramento County, California, ordering their conviction for cockfighting in violations of animal cruelty statutes. The court held that roosters and other birds fall within the statutory definition of "every dumb creature" and thus qualify as an "animal" for purposes of the animal cruelty statutes.
|
|
People v. Beam |
Defendant was charged with owning a dog, trained or used for fighting, that caused the death of a person and
filed a motion to dismiss the case on the grounds that M.C.L. § 750.49(10); MSA 28.244(10) was unconstitutionally vague. The court granted defendant's motion, finding the terms "without provocation" and "owner" to be vague, and dismissed the case.
The prosecutor appealed, and the Court of Appeals held that statute was not unconstitutionally vague. Reversed.
|
|
People v. Beauvil |
This New York case came before this Court after the District Attorney refused to prosecute the case. The complaintant alleged that on April 16, 2008, he was walking down a public sidewalk when a loose dog, later identified as belonging to the defendants, ran up to and bit the complainant on the hand. Police were contacted and a complaint was made to the Village of Westbury Attorney who then advised the complainant to file a formal complaint with the Nassau County District Attorney's office. The District Attorney's office declined to prosecute and instead suggested that the Village handle the matter. This Court held that it has no jurisdiction to hear the misdemeanor charge stemming from the violation of Agriculture & Markets Law § 121 (but then did list the other avenues available for the complaintant). This Court, sua sponte, also held that the Agriculture & Markets Law § 121, as applied to Nassau County Village Justice Courts, is unconstitutional. This was due to the fact that Village Courts have no jurisdiction (or ability, as pointed out by the court) to hear misdemeanors.
|
|
People v. Bergen |
Defendant, a journalist, attempted to film a dogfight for an investigative story on dogfighting following the passage of a Denver ordinance forbidding the ownership of bull terriers (pitbulls). Defendant videotaped two separate fights and dogs "training" by running on treadmills. After the story aired, public outcry lead to a police investigation as to the source of the dogfighting footage, which lead to the arrest of the defendant and her cameramen for dogfighting and perjury.
|
|
People v. Berry |
In a prosecution arising out of the killing of a two-year-old child by a pit bulldog owned by a neighbor of the victim, the owner was convicted of involuntary manslaughter (Pen. Code, §
192, subd. (b)), keeping a mischievous animal (Pen. Code, §
399), and keeping a fighting dog (Pen. Code, §
597.5, subd. (a)(1)). The Court of Appeal affirmed, holding that an instruction that a minor under the age of five years is not required to take precautions, was proper. The court further held that the trial court erred in defining "mischievous" in the jury instruction, however, the erroneous definition was not prejudicial error under any standard of review. The court also held that the scope of defendant's duty owed toward the victim was not defined by Civ. Code, §
3342, the dog-bite statute; nothing in the statute suggests it creates a defense in a criminal action based on the victim's status as a trespasser and on the defendant's negligence.
|
|
People v. Bootman |
This is one of the first cases to construe the issue of interstate commerce with regard to state game laws and the Lacey Act. Defendant purchased game birds that were killed outside of New York and brought them into the state when it was lawful to possess them. The court stated it was required by the rule of stare decisis to hold that the Legislature did not intend to make criminal the possession during the closed season of game killed and brought here during the open season. The court notes that the passage of the New York legislation occurred three months before the passage of the Lacey, thus having no effect. The court does go on to note the Legislature has now made it clear that it is well within state police power to regulate wildlife.
|
|
People v. Brinkley |
Defendant was convicted of aggravated cruelty to animals. The Defendant appealed the judgment. Defendant and his nephew had purchased a puppy and continually used negative reinforcement, such as paddling or popping the dog on the rear end with an open hand, for unwanted behavior. On one occasion, when the dog was approximately 15 months old, the Defendant’s nephew found that the dog had defecated in the apartment. The nephew attempted to paddle the dog and the dog bit the nephew’s thumb as a result. When the Defendant had returned home, the nephew explained to him what had happened. The Defendant proceeded to remove the dog from his crate, put the dog’s face by the nephew’s injured thumb, and told him he was a bad dog. The dog then bit off a portion of the Defendant’s thumb. The Defendant attempted to herd the dog onto the back porch, but the dog became aggressive and continued to bite him. As a result, the Defendant repeatedly kicked the dog and used a metal hammer to beat the dog into submission. The dog later died due to his injuries. The Defendant argued that he had a justifiable purpose for causing the dog serious physical injury. The Defendant testified that he was in shock from the injury to his thumb and that he was trying to protect himself and his nephew. However, other evidence contradicted the Defendant's testimony. The dog was in a crate when the Defendant got home, and the Defendant could have left him there rather than take the dog out to discipline him. The Defendant was at least partially at fault for creating the situation that led him to react in such a violent manner. The Court reviewed several of the Defendant’s contentions and found them all to be without merit. The judgment was ultimately affirmed. |
