People v. Baniqued

Opinion

DAVIS, Acting P. J.

Confronting here a scene of undeniable horror, it brings to mind the cogent observation of Mark Twain that “[man] is the only creature that inflicts pain for sport, knowing it to be pain.” (2 Twain [Samuel Langhome Clemens], Autobiography (1924) p. 7.) In this case we hold that a rooster or other bird falls within the statutory definition of “every dumb creature” (Pen. Code, § 599b) and thus qualifies as an “animal” for purposes of the animal cruelty statutes found at Penal Code section 597, subdivisions (a) and (b). We therefore affirm the judgments, including…