State v. Michaels

Hatcher, President:

The defendant was charged in the circuit court of Jefferson county with harboring a dog which defendant knew had worried, chased and killed sheep outside of defendant’s enclosure. The lower court sustained a demurrer to the indictment, and the State obtained a review of that ruling here.

Tbe indictment is based on the latter part of Sec. 34, Ch. 116, Acts 1921. The demurrer was sustained on the theory that Sec. 34 has been repealed by Ch. 83, Acts 1925.

The first act in this state for the protection of sheep from dogs was passed in 1875. For some unexplained reason, that…