Summary: Cruelty conviction of defendant who shot and killed two domesticated dogs. Defendant knew dogs were domesticated because they lived nearby, had demeanor of pets, both wore collars, and had been previously seen by defendant.
Cruelty conviction of defendant who shot and killed two domesticated dogs. Defendant knew dogs were domesticated because they lived nearby, had demeanor of pets, both wore collars, and had been previously seen by defendant.
Summary: Mens rea in cruelty conviction may be inferred from circumstances. With regard to warrantless seizure, the Fourth Amendment does not prohibit seizure when there is a need to act immediately to protect and preserve life (i.e. "emergency doctrine").
Mens rea in cruelty conviction may be inferred from circumstances. With regard to warrantless seizure, the Fourth Amendment does not prohibit seizure when there is a need to act immediately to protect and preserve life (i.e. "emergency doctrine").
Summary: Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.
Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.
Summary: In an animal cruelty conviction, the law requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.
In an animal cruelty conviction, the law requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.
Summary: Appellant, who was convicted of capital murder and sentenced to death, raised 35 points of error in a direct appeal in which he challenged the trial court's voir dire rulings and its evidentiary rulings. The court held that the admission into evidence of photographs was within the discretion of the lower court, which properly determined that the photographs served a proper purpose in enlightening the jury.
Appellant, who was convicted of capital murder and sentenced to death, raised 35 points of error in a direct appeal in which he challenged the trial court's voir dire rulings and its evidentiary rulings. The court held that the admission into evidence of photographs was within the discretion of the lower court, which properly determined that the photographs served a proper purpose in enlightening the jury.
Summary: Appellees sued appellant for damages after he poisoned three of their dogs. The Court held that an owner has an action and remedy against a trespasser for damages resulting from injuries inflicted upon dogs because they are property. The Court elaborated on the true rule in determining the value of dogs, explaining that It may be either a market value or some special or pecuniary value to the owner. The Court allowed actual damages.
Appellees sued appellant for damages after he poisoned three of their dogs. The Court held that an owner has an action and remedy against a trespasser for damages resulting from injuries inflicted upon dogs because they are property. The Court elaborated on the true rule in determining the value of dogs, explaining that It may be either a market value or some special or pecuniary value to the owner. The Court allowed actual damages.
Summary: City's animal control ordinance banning the keeping of pit bulls was not preempted by state Penal Code provisions governing the keeping of vicious dogs.
City's animal control ordinance banning the keeping of pit bulls was not preempted by state Penal Code provisions governing the keeping of vicious dogs.
Summary: Defendant convicted of cruelty to animals by knowingly and intentionally torturing a puppy by amputating its ears without anesthetic or antibiotics. Defense that "veterinarians charge too much" was ineffective.
Defendant convicted of cruelty to animals by knowingly and intentionally torturing a puppy by amputating its ears without anesthetic or antibiotics. Defense that "veterinarians charge too much" was ineffective.
Summary: Dog fighting case. Where the dog fighting area was in an open section of woods near the defendant's home, police officers were not required to obtain a search warrant before entering the defendant's property because of the "open fields" doctrine.
Dog fighting case. Where the dog fighting area was in an open section of woods near the defendant's home, police officers were not required to obtain a search warrant before entering the defendant's property because of the "open fields" doctrine.
Summary: The court convicted the defendant of cruelty to animals where the defendant left his dog in the car on a hot, sunny, dry day with the windows only cracked an inch and a half. Such action was deemed "transporting or confining animal in a cruel manner."
The court convicted the defendant of cruelty to animals where the defendant left his dog in the car on a hot, sunny, dry day with the windows only cracked an inch and a half. Such action was deemed "transporting or confining animal in a cruel manner."
