State v. Walter

This is an appeal from a Fourth Judicial District Court, Missoula County, bench trial, finding the defendant, Valentine Walter, guilty of misdemeanor cruelty to animals. ¡We affirm.

There are three issues on appeal:

I. Was the shooting of the dog justifiable under § 81-7-401, MCA?

II. What case law provides proper precedent for the instant case?

III. Is there a basis for invalidating the complaint filed against Walter? 1

FACTUAL BACKGROUND

The following facts are gleaned from testimony presented at trial. On March 7, 1993, Stacey Ellis, accompanied by her two small dogs, a black, miniature…