Thursday, May 23, 2013

Moody v. State case brief

Moody v. State case brief 
320 S.E.2d 545

Subject: Animal Law

Fifty-nine defendants appealed a judgment from the Bacon Superior Court (Georgia), which overruled a motion quash an indictment charging defendants with violating the dogfighting statute, O.C.G.A. § 16-12-37.

FACTS: The trial court denied a motion to quash an indictment charging defendants with violating O.C.G.A. § 16-12-3, and the court granted an interlocutory appeal.

The court ruled the statute was not overly broad for failing to delineate permissible conduct.

-The court had held that the statute required knowing and consensual involvement in dogfighting, therefore the statute required intent. 

-The court further ruled that the law prohibited participation by gambling on the act, and the statute did not infringe on constitutionally protected conduct.

CONCLUSION: The court affirmed.

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