State v. Garrett

Defendant was convicted in district court, and on appeal de novo, in circuit court on five counts of cruelty to animals, ORS 167.850(l)(b), which charged that he intentionally and recklessly subjected five dogs under his control to cruel neglect by failing to provide them with necessary and adequate food. He appeals, assigning as error the denial of his motion for judgment of acquittal and the imposition of an unlawful condition of probation.

I. Motion for Judgment of Acquittal

The state’s evidence was far short of the hilt. Five dogs were found at the dead end of a country road. Each was tied…