People v. Alvarado

McINTYRE, J., Concurring.

Although I agree with the result reached by the majority, I write separately because I disagree with the majority’s conclusion that a Penal Code section 597, subdivision (a) offense is a general intent crime. (All statutory references are to the Penal Code.) Section 597, subdivision (a) originally made it a crime to “maliciously” maim, mutilate, torture, wound or kill a living animal. In applying this statute, the courts deemed “malice” to refer to the intent to do a wrongful act. (People v. Dunn (1974) 39 Cal.App.3d 418, 420-421 [114 Cal.Rptr. 164]; see Ex parte…