People v. Youngblood case brief
109 Cal.Rptr.2d 776
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109 Cal.Rptr.2d 776
CASE SYNOPSIS: Defendant
sought review of an order of the Superior Court of Placer County,
California, convicting her of felony animal cruelty and placing her
on probation.
FACTS: Defendant accumulated 92 cats and kept them in a 7 1/2-foot by 11-foot trailer, providing less than one square foot for each cat. The defendant was charged by information with seven counts of animal cruelty in violation of Cal. Pen. Code § 597 (b). The defendant requested an instruction on the defense of necessity, claiming that she was keeping the cats to save them from euthanasia at animal control. The trial court rejected the instruction. She was convicted by jury of felony animal cruelty and placement on probation. On appeal, the defendant asserted the trial court erred in denying her defense. The appellate court determined that the defense of necessity was based on public policy. Particularly relevant to this case was a finding made by the legislature that it is better to have public and private shelters pick up or take in animals than private citizens. Under the facts of this case, the defense of necessity was not available.
CONCLUSION: The judgment was affirmed.
FACTS: Defendant accumulated 92 cats and kept them in a 7 1/2-foot by 11-foot trailer, providing less than one square foot for each cat. The defendant was charged by information with seven counts of animal cruelty in violation of Cal. Pen. Code § 597 (b). The defendant requested an instruction on the defense of necessity, claiming that she was keeping the cats to save them from euthanasia at animal control. The trial court rejected the instruction. She was convicted by jury of felony animal cruelty and placement on probation. On appeal, the defendant asserted the trial court erred in denying her defense. The appellate court determined that the defense of necessity was based on public policy. Particularly relevant to this case was a finding made by the legislature that it is better to have public and private shelters pick up or take in animals than private citizens. Under the facts of this case, the defense of necessity was not available.
CONCLUSION: The judgment was affirmed.
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