Maloney v. State case brief

Maloney v. State case brief summary
532 P.2d 78

CASE SYNOPSIS: Defendant appealed a judgment from the District Court, Cleveland County (Oklahoma), which convicted defendant of cruelty to animals pursuant to Okla. Stat. tit. 21, § 1685 (1971) and imposed a fine on defendant.

FACTS

The State charged defendant with maliciously placing a dog in a pit with another dog and encouraging the dogs to fight, injure, maim, or kill one another. The trial court convicted defendant of cruelty to animals pursuant to Okla. Stat. tit. 21, § 1685 (1971) and fined defendant. Defendant appealed.

DISCUSSION

• On appeal, the court held that Okla. Stat. tit. 21, § 1682 (1971) was constitutional as applied to the case and that the allegations in the charging part of the information and the evidence adduced at trial were not within the purview of § 1685. 
• Even the most cursory examination of the provisions of Okla. Stat. tit. 21, § 1682 (1971) clearly indicated that the conduct with which the defendant was charged fell squarely within the provisions of that statute. 
• It was not the legislative intent to extend the provisions of Okla. Stat. tit. 21, § 1685 (1971) to cover unlawful misconduct made punishable under the provisions of Okla. Stat. tit. 21, § 1682 (1971).

CONCLUSION: The court reversed the trial court's judgment, which had convicted defendant of cruelty to animals, and remanded the case to the trial court for a new trial.