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.