Anti-Cruelty

United States v. Gideon

Summary:

The Defendant was convicted in the District Court of Hennepin county for the unlawfully malice killing of a dog.  The Defendant appealed the descision to the Supreme Court of Minnesota to determine whether a dog has value and thus would be cover by the Minnesota cruelty to animal statute.  The Supreme Court of Minnesota found that a dog has no value and would not be covered by the statute.

The Defendant was convicted in the District Court of Hennepin county for the unlawfully malice killing of a dog.  The Defendant appealed the descision to the Supreme Court of Minnesota to determine whether a dog has value and thus would be cover by the Minnesota cruelty to animal statute.  The Supreme Court of Minnesota found that a dog has no value and would not be covered by the statute.

Commonwealth v. Turner

Summary:

Defendant released a fox from his possession and a number of other people then released various dogs, which pursued and killed the fox. Defendant was charged and brought to trial. Defendant moved to dismiss the charge on the basis that there was no such crime, which the trial court denied. Defendant also moved to dismiss for lack of evidence, which the trial court also denied. Defendant was convicted and he appealed. The court found that there was a statutory basis for the charge and that the word "animal" in Mass. Pub. Stat. ch. 207, § 53 encompassed wild animals in the custody of a man. The court denied the exceptions brought by defendant and affirmed the order of the trial court, which convicted defendant of willfully permitting a fox to be subjected to unnecessary suffering.

Defendant released a fox from his possession and a number of other people then released various dogs, which pursued and killed the fox. Defendant was charged and brought to trial. Defendant moved to dismiss the charge on the basis that there was no such crime, which the trial court denied. Defendant also moved to dismiss for lack of evidence, which the trial court also denied. Defendant was convicted and he appealed. The court found that there was a statutory basis for the charge and that the word "animal" in Mass. Pub. Stat. ch. 207, § 53 encompassed wild animals in the custody of a man. The court denied the exceptions brought by defendant and affirmed the order of the trial court, which convicted defendant of willfully permitting a fox to be subjected to unnecessary suffering.

Commonwealth v. Thorton

Summary:

The defendant was convicted of causing his dog to be bitten, mangled and cruelly tortured by another dog.  The defendant appealled and the Supreme Court affirmed.

The defendant was convicted of causing his dog to be bitten, mangled and cruelly tortured by another dog.  The defendant appealled and the Supreme Court affirmed.

State v. Claiborne

Summary:

Animals -- Cruelty to Animals -- Cockfighting -- Gamecocks Not Animals -- No Statutory Prohibition Against Cockfights -- Statute Not Vague. In an action filed pursuant to K. S. A. 60-1701 in which the state seeks a construction of K. S. A. 1972 Supp. 21-4310 (cruelty to animals) making its provisions applicable to cockfighting, the record is examined and for reasons appearing in the opinion it is held: (1) Gamecocks are not animals within the meaning or contemplation of the statute. (2) There is no clear legislative intent that gamecocks be included within the category of animals protected by the statute. (3) The statute does not apply to or prohibit the conducting of cockfights. (4) As construed, the statute is not so vague, indefinite and uncertain as to violate the requirements of due process.

Animals -- Cruelty to Animals -- Cockfighting -- Gamecocks Not Animals -- No Statutory Prohibition Against Cockfights -- Statute Not Vague. In an action filed pursuant to K. S. A. 60-1701 in which the state seeks a construction of K. S. A. 1972 Supp. 21-4310 (cruelty to animals) making its provisions applicable to cockfighting, the record is examined and for reasons appearing in the opinion it is held: (1) Gamecocks are not animals within the meaning or contemplation of the statute. (2) There is no clear legislative intent that gamecocks be included within the category of animals protected by the statute. (3) The statute does not apply to or prohibit the conducting of cockfights. (4) As construed, the statute is not so vague, indefinite and uncertain as to violate the requirements of due process.

Griffith v. State

Summary:

Defendant was indicted under Ga. Penal Code § 703, which prohibited one from instigating, engaging in, or doing anything furtherance of the an act or cruelty to a domestic animal. Ga. Penal Code § 705 defined cruelty as every willful act, omission or neglect, whereby unjustifiable physical pain, suffering, or death is caused or permitted. The court affirmed the conviction, finding that the law provided that a domestic animal, such as a horse, should be sheltered and cared for by his owner. The jury was authorized to find that the defendant willfully abandoned the horse by turning the horse out to the elements, and failing to feed, shelter, or care for the animal. Such conduct was "willful." The court affirmed the judgment of the superior court on the jury's conviction of defendant for cruelty to animals.

Defendant was indicted under Ga. Penal Code § 703, which prohibited one from instigating, engaging in, or doing anything furtherance of the an act or cruelty to a domestic animal. Ga. Penal Code § 705 defined cruelty as every willful act, omission or neglect, whereby unjustifiable physical pain, suffering, or death is caused or permitted. The court affirmed the conviction, finding that the law provided that a domestic animal, such as a horse, should be sheltered and cared for by his owner. The jury was authorized to find that the defendant willfully abandoned the horse by turning the horse out to the elements, and failing to feed, shelter, or care for the animal. Such conduct was "willful." The court affirmed the judgment of the superior court on the jury's conviction of defendant for cruelty to animals.

McCausland v. People

Summary: Action by the People of the State of Colorado against William J. McCausland.  From a judgement overruling defendant's motion to dismiss and finding him guilty of cruelty to animals, he brings error.  Affirmed.

Action by the People of the State of Colorado against William J. McCausland.  From a judgement overruling defendant's motion to dismiss and finding him guilty of cruelty to animals, he brings error.  Affirmed.

Grise v. State

Summary:

The Defendant was charged under the Arkansas cruelty to animal statute for the killing of a hog that had tresspass into his field.  The Defendant was found guilty and appealed.  The Supreme Court found that the lower court commited error by instructing the jury that all killing is needless.  The Court reveresed the judgment and remanded it for further consideration.

The Defendant was charged under the Arkansas cruelty to animal statute for the killing of a hog that had tresspass into his field.  The Defendant was found guilty and appealed.  The Supreme Court found that the lower court commited error by instructing the jury that all killing is needless.  The Court reveresed the judgment and remanded it for further consideration.

State v. Pierce

Summary:

The Defendant was charge with cruelty to animals for the killing of a certain spotted bull, belonging some person to the jurors unknow.  The lower court found the Defendant guilty.  The Defendant then appealed to the Supreme Court seeking review of whether the defense of provocation could be used.  The Court determined the answer to be yes. Thus the Court reversed and remanded the case.

The Defendant was charge with cruelty to animals for the killing of a certain spotted bull, belonging some person to the jurors unknow.  The lower court found the Defendant guilty.  The Defendant then appealed to the Supreme Court seeking review of whether the defense of provocation could be used.  The Court determined the answer to be yes. Thus the Court reversed and remanded the case.

Horton v. State

Summary:

The defendant was charged under the Alabama cruelty to animal statute killing a dog.  The trial court found the defendant guilty of cruelly killing the dog.  The defendant appealed the descision to the Supreme Court for the determination if the killing of the dog with a rifle was cruel.  The Supreme Court found that the killing of a dog without the showing of cruelty to the animal was not a punishable offence under the cruelty to animal statute.  The Supreme Court reversed the lower court's descision and remanded it.

The defendant was charged under the Alabama cruelty to animal statute killing a dog.  The trial court found the defendant guilty of cruelly killing the dog.  The defendant appealed the descision to the Supreme Court for the determination if the killing of the dog with a rifle was cruel.  The Supreme Court found that the killing of a dog without the showing of cruelty to the animal was not a punishable offence under the cruelty to animal statute.  The Supreme Court reversed the lower court's descision and remanded it.

Broadway, &c., Stage Company v. The American Society for the Prevention of Cruelty to Animals

Summary:

 Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against  the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty

 Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against  the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty