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Titlesort descending Summary
Mouton v. State


Defendant was convicted of cruelty to an animal, and sentenced to one year in jail, based upon witness testimony and photographs depicting several dogs in varying states of distress.

 

On appeal, the Court of Appeals of Texas, Texarkana, found that the trial court did not err in denying Defendant’s motions for a directed verdict or for a new trial to the extent that both motions challenged evidentiary sufficiency, and that ineffective assistance of counsel had not been shown, because the Court could imagine strategic reasons on Defendant’s counsel’s part for not calling a particular witness to testify on Defendant’s behalf, and for allowing Defendant to testify in narrative form during the punishment phase.

 
MS - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
MS - Cruelty - Consolidated Cruelty Statutes This section constitutes Mississippi's anti-cruelty and animal fighting provisions, which were recently amended in 2011. The pertinent anti-cruelty law, Sec. 97-41-1, states that any person who intentionally or with criminal negligence overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, cruelly beats, or needlessly mutilates any living creature is guilty of a misdemeanor. The cat and dog cruelty provision, 97-41-16, was significantly amended in 2011. This section, known as the "Mississippi Dog and Cat Pet Protection Law of 2011," makes it a misdemeanor to intentionally or with criminal negligence wound, deprive of adequate food, water, or shelter, or carry or confine in a cruel manner, any domesticated cat or dog. Aggravated cruelty occurs when a person with malice intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat.
MS - Dangerous Animal - Chapter 3. Crimes Against the Person. This Mississippi law makes an owner liable for manslaughter if he or she wilfully allows a mischievous animal to go at large, or it goes at large because the owner fails to exercise ordinary care, and the animal, while at large or not confined, kills any human being who took reasonable precautions to avoid the animal.
MS - Dog - Consolidated Dog Laws These Mississippi statutes comprise the state's dog laws. Included are provisions relating to hunting with dogs, local dog ordinances, and liability of owners for damage done by dogs.
MS - Dog Licenses - Chapter 53. Dogs and Rabies Control. This Mississippi statute provides that it is the lawful duty for any sheriff, conservation officer or peace officer of a county or municipality to kill any dog above the age of three (3) months found running at large on whose neck there is no such collar and tag or who are not inoculated according to state law. No action shall be maintained by the owner for such killing. However, the statute then goes on to say that it is the duty of such officer to first impound the dogs for five days and give a description of the dog to the sheriff.
MS - Dog Theft - Chapter 17. Crimes Against Property This Mississippi Statute provides that a person commits a felonious offense by stealing, taking and carrying away any dog that is the property of another. If the person who commits the offense is indicted and convicted for stealing the dog, he or she shall be punished by a fine not more than $500, imprisonment not more than 6 months, or both, or imprisoned in the penitentiary not less than 1 year nor more than 2 years.
MS - Dog, police - § 41-59-35. Duration of EMT certificate; transport of injured police dog; This law covers certification of emergency medical technicians. In 2018, the law was amended to allow an EMT, EMT-A, EMR, or Paramedic to transport a police dog injured in the line of duty to a veterinary clinic, hospital emergency department or similar facility if there are no persons requiring medical attention or transport at that time. Under this subsection, “police dog” means a dog owned or used by a law enforcement department or agency in the course of the department or agency's work, including a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by a county, municipal, or state law enforcement agency.
MS - Ecoterrorism - Animal Research or Exhibiting Facilities Protection Act This section comprises Mississippi's Animal Research or Exhibiting Facilities Protection Act. The act prohibits a person, without the effective consent of the owner, to acquire or otherwise exercise control over an animal facility with the intent to deprive the owner of the facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility. A person is also prohibited from entering and remaining concealed at a facility with the intent to damage or disrupt the facility. Violation for damaging a facility is a fine of up to $10,000 and/or imprisonment for up to 3 years. Violation for illegal entry with an intent to damage or disrupt the facility results in a fine of up to $5,000 and/or imprisonment up to 1 year.
MS - Endangered Species - Chapter 5. Nongame and Endangered Species Conservation Act These Mississippi statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions for the Act, the legislative findings, and the associated regulations of the Act. Violations under the Act may incur up to a $1,000 fine and/or one-year term of imprisonment as well as equipment confiscation.

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