CONVICTED: Was justice served?
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Case #1999 Rating: 2.2 out of 5
Dog's ears amputated
Magnolia, TX (US)Incident Date: Thursday, May 21, 1987
County: Montgomery
Disposition: Convicted
Defendant/Suspect: Johnny Wayne Bell
Defendant was convicted of cruelty to animals by knowingly and intentionally torturing dog by amputating its ears, in the County Court at Law No. One of Montgomery County, Susan Stovall, J., and defendant appealed. The Court of Appeals, Brookshire, J., held that: (1) affidavit accompanying information could be subscribed and sworn to before assistant county attorney; (2) defendant waived any right to complain on appeal of defect, error or irregularity in information; and (3) information was sufficient to allege that defendant committed cruelty to animals.
Court Date: 11/30/1988
Docket Number: No. 09-88-045-CR
Judges: Justice Brookshire
Attorneys: Robert N. Kennedy, Tomball, for appellant; Marc A. Chomel, D.C.
Opinion of the Court:
The Appellant was charged with knowingly and intentionally torturing an animal by amputating his ears. The animal was described as a Rhodesian Ridgeback cross-bred puppy belonging to Johnny Wayne Bell. The misdemeanor offense of cruelty to animals was alleged to have occurred on or about May 21, 1987. The Appellant was found guilty by a jury. The trial court assessed punishment at six months confinement in the Montgomery County Jail and a $500 fine. The jail term was probated for the period of one year. The Appellant did not present or urge a pre-trial motion, or any type of trial motion to quash the information. The Appellant did not challenge the information, either as a defective complaint or information or upon any jurisdictional issue. References« TX State Animal Cruelty Map
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