In this North Carolina case, Defendant appealed her conviction for misdemeanor animal cruelty. Defendant primarily argued that the “evidence failed to establish that mere exposure to the living conditions constituted torment as defined by § 14-306(c).” The Court disagreed, finding that the stench of defendant's residence required the fire department to bring breathing apparatus for the animal control officers and urine and feces coated "everything" in the house, including the cats, was sufficient to support a conclusion by a reasonable jury that defendant “tormented” cat C142, causing it unjustifiable pain or suffering. The Court, however, vacated the order of restitution for $ 259.22 and remanded for a hearing on the matter because there was no evidence presented at trial supporting the award.
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