Failing v. People

PLAINTIFF in error, to whom we hereinafter refer as defendant, was charged with and convicted of needlessly killing two dogs, in violation of section 404, chapter 48, 35 C.S.A., the pertinent parts of which are as follows: "Every person who * * * needlessly * * * kills * * * any animal * * * shall, upon conviction, be punished * * *." Defendant assigns error and asserts that under the agreed statement of facts he did not commit any crime. His defense is based upon section 40, chapter 160, 35 C.S.A., the language applicable to the instant case reading as follows: "Any dog found running, worrying or injuring sheep or cattle may be killed * * *."