Thursday, May 23, 2013

Ash v. State case brief

Ash v. State case brief 718 S.W.2d 930

CASE SYNOPSIS: Defendant sought review from an order of the Sebastian Circuit Court, Ft. Smith District (Arkansas), which found her guilty of promoting or engaging in dog fighting or possessing a dog for that purpose and fined defendant.

FACTS: Police raided defendant's home and found an area converted into an arena for dog fighting. Defendant was arrested and charged with promoting or engaging in dog fighting or possessing a dog for that purpose. She was found guilty and fined. On appeal, the court was presented with an issue of construing the word "promotes" in Ark. Stat. Ann. §§ 41-2918.1, -2918.2 (Supp. 1982). The court determined that the word promote meant to further; encourage; advance. The court found that the evidence showed that defendant was familiar with the pit and knew it could be used for dog fighting, and knew that her husband fought dogs. A jury could have reasonably have concluded that defendant was aware that on property owned by her and her husband an arena had been built for the purpose of clandestine dog fighting and that she was aware it was so being used. The court affirmed.

CONCLUSION: The court affirmed the order from the trial court.

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