Lopez v. State

OPINION

DIAL, Justice.

This is an appeal from a conviction for cruelty to an animal. TEX.PENAL CODE ANN. § 42.11(a)(4) (Vernon Supp.1986). Defendant was found guilty in a non-jury trial, and the court assessed punishment at five days’ confinement and a $50.00 fine, probated for six months. The defendant attacks the sufficiency of the evidence and the constitutionality of the statute. We affirm.

The evidence established that the defendant and his wife went to a movie theatre in San Antonio on the afternoon of July 21, 1985. While attending the movie, the defendant left his dog in his automobile…