State v. Simmons

•MORRIS, Judge.

The statute under which defendant was charged is G.S. 14-360 which provides, in pertinent part:

“If any person shall willfully . . . kill . . . , any useful beast, fowl or animal, every such offender shall for every such offense be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six months, or both. . . .”

The killing of a dog, the property of another, without justification, has long been a criminal offense in this State. See State v. Latham, 35 N.C. 33 (1851). In State v. Smith, 156 N.C. 628, 72 S.E. 321…