State v. Gallagher

OPINION

JACOBSON, Presiding Judge.

The primary issue presented by this appeal from a criminal conviction for unlawful killing of livestock is whether the es-tray laws of the state provide a complete defense.

Appellant Louise Gallagher (defendant) was convicted of one count of criminal damage, a class 6 felony, and one count of unlawful killing of livestock, a class 5 felony, arising out of the shooting and killing of “Rosie,” a six year old palomino horse in foal, owned by defendant’s neighbor.

The facts are taken in a light most favorable to sustaining the conviction. See State v. Arredondo, 155…