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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