Demoss v. Commonwealth

WEST, Judge.

This is an appeal from the opinion of the Jessamine Circuit Court in an appeal from the Jessamine District Court involving the appellants’ charges of cruelty to animals and/or criminal facilitation of cruelty to animals. The charges arose out of the arrest of the appellants on April 25, 1987, at an alleged cockfight. In June of 1987, the appellants moved the district court to dismiss the action, contending that under state law, birds were not considered animals and were therefore outside the purview of the cruelty to animals statute. Both the appellants and the Commonwealth…