Friday, May 23, 2014

Commonwealth v. Massini case brief summary

Commonwealth v. Massini

1.  FACTS: D shot & killed neighbor’s cat, statute said “whoever willfully and maliciously kills any equine, bovine, goat or pig...” but cat was not included in the language
2.  ISSUE: Is a cat a domestic animal which is protected by the statute?
3.  HOLDING: ‘cat’ was not included in the statute, therefore not domestic animal & there was no violation of the law.
a.  Omission of cats was based on long recognized law & is out of step with the modern understanding of what a cat is, but Legislators can change the law if they don’t like it.

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