Displaying 11 - 20 of 123
Titlesort ascending Summary
People v. Olary

Defendant argued that there was not sufficient evidence to sustain his conviction of cruelty to animals.  Specifically, he pointed out that there was no direct testimony with regard to the cause of the injuries to his cows.  The court disagreed and held that inattention to the condition of the animals was sufficient to constitute the offense of cruelty to animals. 

People v. Minney

Defendant was convicted of mutilating the horse of another.  He argued on appeal that the trial court's jury instructions, which read that malice toward the owner of the horse was not necessary, were incorrect.  The court agreed and found that although the general malice of the law of crime is sufficient to support the offense, the trial court must instruct that malice is an essential element of the offense.

People v. McKnight

Defendant was convicted of willfully and maliciously killing animals for kicking a dog to death.  Defendant argued on appeal that dogs were not included under the statute punishing the willful and malicious killing of horses, cattle, or

other beasts

of another.  The court found that the term "other beasts" includes dogs.  Further, defendant argued that the evidence was insufficient to support a finding of the requisite willful and malicious intent to kill the dog.  The court disagreed and held that inferences from the surrounding circumstances were sufficient to support a finding of malicious intent.  The court affirmed his convictions.

People v. Lee (Unpublished)

Known and suspected dogfighters,

Roderick Lee, Shedrick Lee, and Demar Garvin were jointly tried before a single jury for drug-related offenses. The jury convicted each defendant of conspiracy to deliver or possess with intent to deliver 650 or more grams of a controlled substance. The trial court sentenced each defendant to a prison term of 30 to 60 years. Defendants appealed on equal protection grounds, on grounds of ineffective assistance of counsel, on grounds of insufficient evidence and of improper admission of prejudicial and/or irrelevant evidence, on grounds of improper jury instruction, and further argued that they were entitled to resentencing. The appellate court confirmed the convictions and sentences.

People v. Leach

Defendant's conviction arises from the killing of a rabbit during the execution of a civil court order at defendant's home on April 15, 2004. Because the court did not find MCL 750.50b unconstitutionally vague and further found sufficient evidence in support of defendant's conviction, defendant's conviction was affirmed. The evidence showed that defendant killed the rabbit in a display of anger arising from the execution of a court; thus, the terms, "[m]alicious", "willful", and "without just cause" are sufficiently specific terms with commonly understood meanings such that enforcement of the statute will not be arbitrary or discriminatory."

People v. Johnson

Defendant claimed the evidence was insufficient to support his conviction of cruelty to animals, arguing that there was not proof that the horses were under his charge or custody.  While the court agreed and reversed his conviction because he could not be convicted under the statute merely as the owner of the horses, absent proof of his care or custody of the horses, it further explained that the "owner or otherwise" statutory language was designed to punish cruelty to animals without regard to ownership.

People v. Iehl

Defendant appealed his conviction for killing another person's dog.  On appeal, defendant contended that the term "beast" provided by the anti-cruelty statue did not encompass dogs.  The court disagreed, finding the statute at issue covered dogs despite its failure to explicitly list "dogs" as did a similar statute. 

People v. Henderson

The court of appeals held the owner of 69 emaciated and neglected horses liable under its animal cruelty statute, even though the owner did not have day-to-day responsibility for tending to the horses.

People v. Haynes

In this Michigan case, the defendant pleaded no contest to committing an “abominable and detestable crime against nature” with a sheep under MCL 750.158. In addition to sentencing consistent with being habitual offender, the trial court found that defendant's actions evidenced sexual perversion, so the court ordered defendant to register under the Sex Offenders Registration Act (“SORA”). The Court of Appeals reversed the order, holding that while sheep was the “victim” of the crime, registration was only required if the victim was a human being less than 18 years old. SORA defines “listed offense” as including a violation of section 158 if a victim is an individual less than 18 years of age. Relying on the plain and ordinary meaning of "victim," the court concluded that an animal was not intended to be considered a victim  under the statute.

People v. Cumper

Defendant was convicted under MCL 750.49 for being a spectator at a dog fight.  He argued on appeal that the statute was impermissibly vague and unconstitutionally overbroad, for punishing an individual for mere presence at a dog fight.  The court disagreed, finding that the statute was neither vague nor overbroad because it did not punish the mere witnessing of a dog fight, but attendance as a spectator to a legally prohibited dog fight.  For more, see

Detailed Discussion