People v. Olary

This is not a pleasant case. Several of his cows were cruelly injured and died, and the 66-year-old defendant’s bizarre explanation that gangsters in the employ of his divorced wife inflicted the injuries is incredible.

It would be more comfortable to affirm this misdemeanor conviction and righteously approve the $75 cost exaction and the 75-day sentence.

But the point of law raised by this appeal is more important than our sensibilities.

At the close of the people’s case the defense moved for dismissal of the charges on the ground that the record contained no evidence of the defendant’s…