Wilcox v. State

An accusation in the county court of Wilcox county charged B. F. Wilcox with the offense of cruelty to a domestic animal, under section 703 of the Penal Code, which provides that, “ Every person who shall instigate, engage in, or do anything in furtherance of an act of cruelty to a domestic animal, shall be punished as for a misdemeanor.” The animal alleged to have been cruelly treated was a dog. The accused demurred to the accusation, on the ground that a dog is not a domestic animal. The demurrer was overruled, and this ruling was sustained upon certiorari; whereupon the accused excepted.…