State v. Marshall

CRANE, Judge.

Defendant, Ed Marshall, was found guilty in a court tried case of two counts of animal neglect in violation of § 578.009 RSMo 1986 and fined $100 on each count. He appeals from this judgment on the grounds that the state failed to make a submissible case. We affirm.

Defendant was the owner and had custody of two pit bull dogs. At 2:00 in the afternoon on August 31,1989, a resident of *551St. Charles County, Marian R. Rose, returned home and discovered defendant’s dogs barking in her backyard. She tried to get them to leave, but they attacked her and bit her on her arm and leg causing…