Anti-Cruelty
Displaying 241 - 250 of 962
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| Commonwealth v. Szewczyk | In this Massachusetts case, defendant was charged with animal cruelty after he shot a dog that had wandered onto his property with a pellet gun. The pellet was lodged in the dog’s leg and caused significant pain and discomfort to the dog. Following conviction, defendant appealed the District Court’s ruling arguing that the judge erred in denying three of his eleven requests for rulings of law.Specifically, defendant's principal argument was that he had a lawful purpose in shooting (to scare the dog off his property), his intent was justified (to insure his wife's safety on the property), and the pain inflicted by defendant shooting the dog does not fit the statutory meaning of "cruel." At the close of evidence, defendant submitted a written request for ruling under Mass. R.Crim. P.26 setting out these issues. The court held that the District Court judge correctly denied the three requests because they were clearly outside the scope of rule 26 because they called upon the judge as a fact finder to weigh the evidence presented at trial. Next, the court reviewed the facts of the case to determine whether or not a rational trier of fact could have found the elements of the crime beyond a reasonable doubt. Ultimately, the court held that a rational trier of fact would have been able to find that defendant did commit animal cruelty by shooting the dog. The court focused on the fact that the defendant could have used other means to ensure that the dog did not enter the property again without causing pain and suffering to the dog by shooting the dog in the leg. The judgment was affirmed. |
| Commonwealth v. Thorton |
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| Commonwealth v. Turner |
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| Commonwealth v. Waller | Tasha Waller was convicted of animal cruelty for starving her dog to death. As a result of this conviction, Waller was placed on probation which prohibited her from owning animals and allowed for random searches of her property. Waller appealed this decision for the following reasons: (1) the animal cruelty statute under which she was convicted was unconstitutionally vague; (2) the expert witness testimony was improper and insufficient to support her conviction; (3) she may not as a condition of her probation be prohibited from owning animals, and the condition of probation allowing suspicions searches should be modified. The court reviewed Waller’s arguments and determined the statute was not unconstitutionally vague because it is common for animal cruelty statutes to only refer to “animals” in general and not specifically mention dogs. The court noted that dogs are commonly understood to fall within the category of animals and therefore the statute was not vague. Also, the court held that the expert witness testimony from the veterinarian was not improper because the veterinarian was capable of examining the dog and making a determination as to how the dog had died. Lastly, the court held that it was not improper to prohibit Waller from owning animals, but did agree that the searches of her property should only be warranted if authorities have reasonable suspicion to search the property. Ultimately, the court upheld Waller’s conviction and probation but modified the terms in which authorities are able to search her property. |
| Commonwealth v. Whitson | This case involves an appeal of an animal cruelty conviction after defendant repeatedly stabbed a dog named Smokey, a three-year old pit bull. The incident in question occurred on a street outside of defendant's barber shop. Smokey was on-leash walking with his owner when an unleashed smaller dog ran at Smokey and began biting his ankles. Smokey responded playfully, not aggressively. The defendant responded to calls of assistance from the smaller dog's owner and helped separate the dogs. After this, the defendant returned briefly to his barbershop and came back with a knife that he used to repeatedly stab Smokey with while he restrained the dog with his other arm. The police eventually responded and defendant was taken to the hospital for a laceration on his hand where he yelled, "I'm glad I killed the [expletive] dog." Smokey survived the attack and defendant was charged and convicted. On appeal, defendant raised several arguments challenging the verdict. In particular, the defendant challenges the sufficiency of the evidence, arguing that he stabbed Smokey repeatedly to release the dog from biting his hand. The appellate court found that no defense witnesses testified that Smokey bit defendant and the no medical records corroborated defendant's version of events. Defendant also argued that the judged erred in denying his motion in limine regarding Smokey prior and subsequent "bad acts," which, defendant claimed, were relevant to the issue of Smokey as the initial aggressor. This court found that the proffered evidence of bad acts was inadmissible hearsay and the acts subsequent to Smokey's stabbing occurred too remotely to have any probative value. Finally, the court found no substantial risk of a miscarriage of justice where the judge failed to give a sua sponte necessity defense. The judgment was affirmed. |
| Connecticut General Statutes 1902: Sections 2807-2816 |
The 1902 General Statutes of Connecticut sections 2807-2816 cover the following topics: definition of an animal, powers of an agent from humane society, and funding of the humane society. |
| Connecticut General Statutes 1918: Chapter 337: Section 6546 |
Section 6546 of Chapter 337 from the 1918 General Laws of Connecticut covers jurisdiction and powers of courts. Specifically, the statute states the power of the court to issue search warrants for animal cruelty. |
| Connecticut General Statutes 1918: Chapter 96: Sections 1879-1886 | Sections 1879-1886 of Chapter 96 from the 1918 General Laws of Connecticut covers in general the Humane Society for Connecticut. Specifically, the sections cover the following topics: the powers of an agent from the society, the definition of an animal, and funding of the society. |
| Connecticut General Statutes: Chapter 333: Sections 6402-6405 | Sections 6402-6405 of Chapter 333 from the 1918 General Laws of Connecticut covers offences against humanity and morality. Specifically, the statutes cover following topics: animal cruelty, transportation of animals, and docking of horses. |
| Connecticut General Statutes: Chapter 338: Section 6619 | Section 6619 of Chapter 338 from the 1918 General Laws of Connecticut covers information, procedure and bail. Specifically, the statute states the circumstances for reach a search warrant will be issued. |