Friday, May 23, 2014

State v. Cleve case brief summary

State v. Cleve

1.  FACTS: Guy used wire snare to kill two deer and argued that the deer didn’t constitute an animal under the state statute, that they weren’t referring to wild animals in that statute.
a.  NM: “Cruelty to Animals consists of:
                                                 i.     A: torturing, tormenting, depriving of necessary sustenance, cruelly beating, mutilating, cruelly killing or overdriving any animal;
                                               ii.     B: Unnecessarily failing to provide any animal with proper food or drink; or
                                             iii.     C: Cruelly driving or working any animal when such an9imal is unfit for labor.”
b. Statute wasn’t entirely clear as to whether it was meant for domestic or wild animals (at least part A wasn’t). Other two parts clearly meant for domestic animals
2.  HOLDING: The deer weren’t animals included under this statute
a.  Ct looked to past cases where only livestock and domesticated animals had been included in construing the statute to apply only to wild animals that are in captivity or domestic animals, but NOT completely wild animals.

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